calendar no. congress ORG session h. r. PERSON ll no. provide for reconciliation pursuant to title ii of s. con. res. 14 CARDINAL . the house of representatives yarmuth, from the committee on the budget, reported the following bill; was committed to the committee of the whole house on the state the union and ordered to be printed. provide for reconciliation pursuant to title ii of s. con. bill 14 CARDINAL . it enacted by the senate ORG and house of of the united states of america GPE in congress ORG assembled, provisions 10001 DATE . definitions. this title: the term has the meaning such term in section 1404 of the national 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00001 fmt 6652 CARDINAL sfmt 6201 research, extension, and teaching policy of 1977 DATE (7 u.s.c. 3103). the term means the secretary agriculture. 11001 DATE . national forest system ORG restoration and reduction projects. addition to amounts available, there are appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, to remain available until 30 DATE , $ 10,000,000,000 MONEY for hazardous fuels projects within the wildland-urban interface; $ 4,000,000,000 MONEY for, on a determination by secretary that hazardous fuels within the interface have been effectively to prevent the spread of wildfire to at-risk hazardous fuels reduction projects outside wildland-urban interface that noncommercial in nature, except on a by the secretary, in accordance the best available science, that the harvest merchantable materials is ecologically for restoration and to enhance ecological 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00002 fmt 6652 CARDINAL sfmt 6201 subject to the requirement that the of merchantable materials shall be limited small diameter trees or biomass that are a of projects under this paragraph; collaboratively developed; and carried out in a manner enhances the ecological integrity achieves the restoration of a forest maximizes the retention of old- and large trees, as appropriate for forest type; and focuses on prescribed fire as the means modified fire behavior, as measured by the reduction of uncharacteristically wildfire effects for the forest type; $ 1,000,000,000 MONEY for vegetation management carried out solely on national forest land that the secretary shall select following the of proposals submitted in accordance with (a), (b), and (c) of section 4003 LAW of the public land management act of 2009 DATE ( 16 7303 DATE ); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00003 fmt 6652 CARDINAL sfmt 6201 $500,000,000 MONEY for vegetation management carried out in accordance a water source management plan; or a watershed protection and restoration plan; $ 500,000,000 MONEY for vegetation management maintain, or contribute toward the of, old growth characteristics, including according to the reference old conditions characteristic of the forest taking into the contribution of the project to fire adaptation and the integrity of watershed and ecosystem and the goal of retaining the large contributing to old growth structure; focus primarily on small diameter trees prescribed fire to modify fire behavior, as by projected of severe wildfire effects for forest type; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00004 fmt 6652 sfmt 6201 CARDINAL maximize the retention of large trees, appropriate for the forest type; $ 450,000,000 MONEY for the legacy roads and program of the forest service; $ 350,000,000 MONEY for national forest system management planning and monitoring, with a the assessment of watershed, and carbon conditions on national forest land; and the revision and amendment of older management plans that present to protect, maintain, restore, and monitor integrity, ecological conditions for at- species, and carbon storage; $ 100,000,000 MONEY for maintenance of trails on forest system land, with a focus on trails provide to underserved communities access to forest system land; $ 100,000,000 MONEY for capital maintenance and on national forest system land, with focus on maintenance level 3 CARDINAL , 4 DATE , and 5 CARDINAL roads and that restore ecological integrity and for at-risk species; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00005 DATE fmt 6652 CARDINAL sfmt 6201 $100,000,000 MONEY to provide for more efficient more effective environmental reviews by the of the forest service in satisfying the of the chief of the forest service under the environmental policy act of 1969 DATE (42 4321 et seq.) the hiring and training of additional the development of programmatic or templates; the procurement of technical or services; and the development of data or technology stakeholder and community the purchase of new equipment; $ 50,000,000 MONEY to develop and carry out and tactics for the protection of older and forests on national forest system land, completing an inventory of older and mature within the national forest system; $ 50,000,000 MONEY to develop and carry out and tactics for the maintenance and of habitat conditions necessary for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00006 fmt 6652 sfmt 6201 and recovery of at-risk species on national system land in implementing forest service fuels reduction and other vegetation programs and projects based on a science- analysis carried out by the secretary; $ 50,000,000 MONEY to carry out post-fire recovery emphasize the use of locally adapted plant materials to restore the ecological of disturbed areas; and do not include salvage logging; $ 50,000,000 MONEY to develop and carry out activities and tactics to reduce human-wildlife on national forest system land; and $ 2,250,000,000 MONEY to be used for staffing, and other workforce needs to support the of a civilian climate corps for the of managing national forest system land, to the conditions the amounts made available under this shall be in addition to any amounts for salaries and expenses needed to out projects under this subsection; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00007 fmt 6652 CARDINAL sfmt 6201 CARDINAL members of the civilian climate corps be compensated at not less than 200 CARDINAL of the annual DATE federal poverty line. priority for secretary shall for implementation under this section projects in paragraphs ( 1 CARDINAL ) through (5) of subsection for which an environmental assessment or environmental impact statement required under national environmental policy act of 1969 DATE (42 4321 et seq.) has been completed; that are collaboratively developed; or that include opportunities to restore recreation infrastructure or access or other recreation outcomes, if the are compatible with the primary restoration of the project. of the funds made available this section may be used for any conducted in a wilderness area or wilderness area; that includes the construction of a road or permanent trail; that includes the construction of a road, except in the case of a temporary road 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00008 fmt 6652 CARDINAL sfmt 6201 is decommissioned by the secretary not later 3 years DATE after the earlier the date on which the temporary road no longer needed; and the date on which the project for the temporary road was constructed is plan; inconsistent with the applicable land inconsistent with the prohibitions of the rule the forest service entitled areas; area ( 66 CARDINAL fed. reg PERSON . 3244 12, 2001 DATE )), as modified by subparts c and of part 294 CARDINAL of title 36 CARDINAL , code of federal or carried out on any land that is not national system land, including other forested land on state, tribal, or private land. this section: at-risk term has the meaning given the term in 101 CARDINAL of the healthy forests restoration act of ( 16 u.s.c QUANTITY . 6511). collaboratively term means, with respect to a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00009 DATE fmt 6652 CARDINAL sfmt 6201 located exclusively on national forest land, that the project is developed and through a collaborative process includes multiple interested persons diverse interests; and is transparent and nonexclusive; or meets the requirements for a resource committee under (f) of section 205 LAW of the secure rural and community self-determination act 2000 ( 16 u.s.c QUANTITY . 7125). term means, with respect to a reestablishing native vegetation on the restoring any natural drainage, function, or other ecological processes that disrupted or adversely impacted by the by or hydrologically the road prism and reestablishing slope contours; and effectively blocking the road to traffic, where feasible. ecological term has the meaning given the term in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00010 fmt 6652 sfmt 6201 219.19 CARDINAL of title 36 CARDINAL , code of federal (as in effect on the date of enactment of this term fuels reduction means an activity, including the use of fire, to protect structures and communities wildfire that is carried out on national forest land. term the meaning given the term in section 219.19 of 36 LAW , code of federal regulations (as in effect on date of enactment of this act). vegetation management management means an carried out on national forest system land to the ecological integrity and achieve the of a forest ecosystem the removal of vegetation; the use of prescribed fire; the restoration of aquatic habitat; or the decommissioning of an temporary, or system road. water source management source management means a plan 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00011 fmt 6652 CARDINAL sfmt 6201 DATE under section 303(d)(1 LAW ) of the healthy restoration act of 2003 DATE ( 16 u.s.c QUANTITY . watershed protection and action term and restoration action means a plan under section 304(a)(3 LAW ) of the healthy restoration act 2003 DATE u.s.c. wildland-urban term in the case of the lower 48 CARDINAL states, the areas mapped as the wildland-urban document entitled interface of the conterminous and published by the of agriculture in 2015 DATE ; and in the case of the states of alaska GPE and has the meaning given the term in 101 CARDINAL of the healthy forests restoration of 2003 DATE ( 16 u.s.c QUANTITY . 6511). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00012 fmt 6652 sfmt 6201 11002 DATE . non-federal land forest restoration fuels reduction projects and addition to amounts available, there are appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, to remain available until 30 DATE , $ 9,000,000,000 MONEY to award grants to a state, or local government, a regional a special district, or a nonprofit organization to on non-federal land, forest restoration and projects, including projects to reduce the of wildfires and establish defensible space structures within at-risk communities; $ 1,000,000,000 MONEY to award grants to a state, or local government, a regional a special district, or a nonprofit organization to community wildfire protection plans (as in section 101 LAW of the healthy forests act of 2003 DATE ( 16 u.s.c QUANTITY . 6511)), purchase equipment, provide firefighter training, increase the capacity for planning, coordinating, monitoring projects on non-federal land to at-risk communities (as defined in section 101 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00013 fmt 6652 CARDINAL sfmt 6201 the healthy forests restoration act of 2003 DATE (16 6511)); $ 250,000,000 MONEY to award grants to a tribal, or local government, a regional organization, special district, or a nonprofit organization for on non-federal land to aid in the recovery rehabilitation of burned areas, including $ 250,000,000 MONEY to award grants to a tribal, or local government, a regional organization, special district, or a nonprofit organization for on non-federal land to expand equitable access and promote tourism on non-federal land for members of underserved groups; $ 250,000,000 MONEY for the state fire assistance volunteer fire assistance programs established the cooperative forestry assistance act of ( 16 u.s.c QUANTITY . 2101 et seq.), to be distributed at discretion of the secretary; $ 250,000,000 MONEY for the implementation of forest resource strategies under section of the cooperative forestry assistance act of ( 16 u.s.c QUANTITY . 2101a); $ 250,000,000 MONEY for the competitive grant under section 13a LAW of the cooperative forestry 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00014 fmt 6652 sfmt 6201 act of 1978 DATE ( 16 u.s.c QUANTITY . 2109a) for through that program a cost share to carry climate mitigation or forest resilience practices the case of underserved forest landowners, subject the condition that subsection (h) of that section not apply; $ 250,000,000 MONEY for the competitive grant under section 13a LAW of the cooperative forestry act of 1978 DATE ( 16 u.s.c QUANTITY . 2109a) for through that program grants to support the of underserved forest landowners in private markets for climate mitigation or resilience, subject to the condition that (h) of that section shall not apply; $ 250,000,000 MONEY for the competitive grant under section 13a LAW of the cooperative forestry act of 1978 DATE ( 16 u.s.c QUANTITY . 2109a) for through that program grants to support the of forest landowners who own less than acres QUANTITY of forest land in emerging private for climate mitigation or forest resilience, to the condition that subsection (h) of that shall not apply; $ 500,000,000 MONEY for the competitive grant under section 13a LAW of the cooperative 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00015 fmt 6652 CARDINAL sfmt 6201 CARDINAL assistance act of 1978 DATE ( 16 u.s.c QUANTITY . 2109a) to grants to states and other eligible entities to payments to owners of private forest land implementation of forestry practices on private land, that are determined by the secretary, on the best available science, to provide increases in carbon sequestration and storage customary practices on comparable land, to the conditions those payments shall not preclude from participation in other public private sector financial incentive programs; subsection (h) of that section shall not $ 50,000,000 MONEY to carry out the healthy reserve program established under section 501 LAW the healthy forests restoration act of 2003 DATE ( 16 6571 DATE ); $ 50,000,000 MONEY for the forest inventory and program established under section 3(e LAW ) of forest and rangeland renewable resources act of 1978 DATE ( 16 u.s.c QUANTITY . 1642(e)) for partnerships with the national association of forest resources programs ORG ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00016 fmt 6652 CARDINAL sfmt 6201 $50,000,000 MONEY for the forest inventory and program established under section 3(e LAW ) of forest and rangeland renewable resources act of 1978 DATE ( 16 u.s.c QUANTITY . 1642(e)) for and tactics to accelerate and expand existing efforts to improve forest carbon monitoring to better predict changes in forest due to climate change; $ 100,000,000 MONEY for the forest inventory and program established under section 3(e LAW ) of forest and rangeland renewable resources act of 1978 DATE ( 16 u.s.c QUANTITY . 1642(e)) to carry out from a panel of relevant experts by the secretary that has reviewed and, on the review, issued recommendations the current priorities and future needs of the inventory and analysis program with respect climate change, forest health, sustainable wood and increasing carbon storage in forests; $ 50,000,000 MONEY for the forest inventory and program established under section 3(e LAW ) of forest and rangeland renewable resources act of 1978 DATE ( 16 u.s.c QUANTITY . 1642(e)) to provide to the technology managed and used the forest inventory and analysis program, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00017 fmt 6652 CARDINAL sfmt 6201 cloud computing and remote sensing for such as small area estimation; $ 1,000,000,000 MONEY to provide grants under wood innovation grant program under section of the agriculture improvement act ORG of 2018 DATE u.s.c. 7655d DATE ), including for the construction of facilities that advance the purposes of the subject to the conditions the amount of such a grant shall be more than $5,000,000 MONEY ; notwithstanding subsection (d) of that a recipient of such a grant shall provide equal to not less than 50 percent PERCENT of the received under the grant, to be derived non-federal sources; and a priority shall be placed on projects create a financial model for addressing restoration needs on public or private forest $ 50,000,000 MONEY for the research mission area the forest service to accelerate and expand research efforts relating to strategies to increase stocks on national forest system land; $ 50,000,000 MONEY for the research mission area the forest service to accelerate and expand 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00018 fmt 6652 CARDINAL sfmt 6201 research efforts relating to the impacts of change and weather variability on national ecosystems; $ 50,000,000 MONEY for the research mission area the forest service to accelerate and expand research efforts relating to strategies to ensure national forest ecosystems, including forests, aquatic ecosystems, and wildlife, are able to to climate change and weather variability; $ 50,000,000 MONEY for the research mission area the forest service to assess the quantity of sequestration and storage accomplished by forest practices when applied in diverse and geographic settings; $ 50,000,000 MONEY for the research mission area the forest service to carry out greenhouse gas cycle analyses of domestic wood products; $ 50,000,000 MONEY for the forest health program of the forest service for activities tactics to reduce the spread of invasive species non-federal forested land; and $ 2,250,000,000 MONEY to be used for staffing, and other workforce needs and expenses to the development of a civilian climate corps carrying out projects on non-federal 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00019 fmt 6652 CARDINAL sfmt 6201 the forest service state and private mission area and other department of programs, including rural and urban and tree planting projects, subject to the the amounts made available under this shall be in addition to any amounts for salaries and expenses needed to out projects under this subsection; and members of the civilian climate corps be compensated at not less than 200 CARDINAL of the annual DATE federal poverty line. submission of non-federal restoration by in governor of a state submit to the secretary, in writing, a request include with land on which a project is carried out amounts made available by this section certain land in the state. written request submitted paragraph ( 1 CARDINAL ) may include 1 CARDINAL or more maps or approval of a written submitted under paragraph ( 1 CARDINAL ), a project be carried out using amounts made available by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00020 fmt 6652 CARDINAL sfmt 6201 CARDINAL section on the non-federal land in the state is the subject of the request. cost-sharing in grants made available paragraphs ( 1 CARDINAL ) through (5) of subsection (a) be subject to a non-federal match requirement not less than 20 percent PERCENT of the overall project cost-sharing requirement paragraph ( 1 CARDINAL ) may be waived, at the of the secretary, for high priority projects have the purpose of protecting human or critical infrastructure; and are located in counties where the median household income of the population less than 150 percent PERCENT of the poverty line. 11003 DATE . state and private forestry programs. addition to amounts available, there are appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, to remain available until 30 DATE , 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00021 fmt 6652 CARDINAL sfmt 6201 $1,250,000,000 MONEY provide competitive to eligible entities through the forest legacy established under section 7 LAW of the forestry assistance act of 1978 DATE ( 16 u.s.c QUANTITY . to acquire land and interests in land offer significant natural carbon benefits; or contribute to the resilience of infrastructure, local economies, or natural $ 3,000,000,000 MONEY to provide multi-year, competitive grants to a state agency, a governmental entity, an indian NORP tribe, or a organization through the urban and forestry assistance program established under 9(c) of the cooperative forestry assistance of 1978 DATE ( 16 u.s.c QUANTITY . 2105(c)) for tree planting related activities to increase community tree and associated societal and climate with a priority for projects that increase tree and $ 100,000,000 MONEY for the acquisition of urban community forests through the community and open space program of the forest service. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00022 fmt 6652 CARDINAL sfmt 6201 CARDINAL providing grants under this the secretary with respect to grants under subsection give priority to projects that are located a census block group in which 30 CARDINAL or more of the population lives below the line; and a neighborhood with lower tree canopy higher maximum daytime summer DATE compared to surrounding neighborhoods, determined by the secretary, based on available information; with respect to grants under paragraphs ( 1 CARDINAL ) ( 2 CARDINAL ) of subsection (a), give priority to grant from underserved populations; and set aside not less than 10 percent PERCENT of the made available under each of paragraphs and ( 2 CARDINAL ) of subsection (a) to provide grants under of those paragraphs to individuals who are of underserved populations. 11004 DATE . limitation. funds made available under this subtitle are to the condition that the secretary shall enter into any 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00023 fmt 6652 sfmt 6201 that is for a term extending beyond 30 CARDINAL , 2031; and under which any payment could be or funds disbursed after september 30 DATE , and use any other funds available to the to satisfy obligations initially made under this development energy 12001 CARDINAL . additional support for the usda and industry loan program. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, notwithstanding sections 381e CARDINAL through 381h CARDINAL and of the consolidated farm and rural development (7 u.s.c. 2009d through 2009 DATE g and 2009 DATE m), to remain available until september 30 DATE , for the cost of direct loans and loan guarantees for rural business development programs authorized under 310b CARDINAL of the consolidated farm and rural act and described in subsections (a) and (g) of 310b CARDINAL of the consolidated farm and rural act (7 u.s.c. 1932(a) and (g)). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00024 fmt 6652 sfmt 6201 12002 DATE . additional support for usda rural programs. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, notwithstanding sections 381e CARDINAL through 381h CARDINAL and of the consolidated farm and rural development (7 u.s.c. 2009d through 2009 DATE g and 2009 DATE m), to remain available until september 30 DATE , for the cost of grants for rural water and waste programs authorized by sections 306 CARDINAL , 306c, and and described in sections 306c(a)(2) and 306d CARDINAL of consolidated farm and rural development act persistent poverty counties or, any population limits specified in the farm and rural development act, a seat of a persistent poverty county with a that does not exceed the authorized population by more than 10 percent PERCENT ; and insular areas. 12003 DATE . subsidy for certain usda rural loan payments. addition to the amounts available, there is appropriated to the secretary fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 390,000,000 MONEY , to remain 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00025 fmt 6652 CARDINAL sfmt 6201 DATE until september 30, 2031 DATE , to carry out this use of secretary shall make a to the lender on a covered loan equal to of the total of the installment amounts owed by borrower on the loan for 1 year DATE , if the borrower the opportunity to opt out of the payment. additional the extent amounts made available by subsection (a) after making the payments under paragraph the secretary shall make additional loan on a covered loan. terms and secretary shall waive limits on maximum loan maturities for any loan durations, including those where the lender a deferral and extends the maturity of a loan during the 1-year DATE period beginning with date of enactment of this act. secretary shall, when to provide more time because of the of higher volumes, travel restrictions, and the to access some properties during the covid- 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00026 fmt 6652 sfmt 6201 pandemic, extend lender site visit requirements not more than 60 days DATE (which may be at the discretion of the secretary) the occurrence of an adverse event, other a payment default, that causes a loan to classified as in liquidation; and not more than 90 days DATE after a default. this section, the term a business and industry loan made or before january 1, 2021, under subsection (a) (g) of section 310b LAW of the consolidated farm rural development act (7 u.s.c. 1932(a) or a loan that is made by an intermediary before january 1, 2021 DATE , to an ultimate using a loan received under section 1323 LAW of the security act of 1985 DATE ( 7 u.s.c QUANTITY . 1932 DATE note; law or section 310h LAW of the farm and rural development act (7 u.s.c. and a loan that is made by a microenterprise organization before january 1, 2021, to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00027 fmt 6652 CARDINAL sfmt 6201 microentrepreneur under section 379e LAW of the farm and rural development act ( 7 2008s DATE ). 12004. rural energy savings ORG program. addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 200,000,000 MONEY , to remain available september 30, 2031 DATE , to carry out this section. use of in as provided in ( 2 CARDINAL ) of this subsection, at the election of an entity to which a loan is made under section of the farm security and rural investment of 2002 DATE (7 u.s.c. 8107a(c)), the secretary shall a grant to the eligible entity in an amount to not more than 5 percent PERCENT of the loan amount the purposes of costs incurred applying for a loan received under 6407(c ORG ) of such act; making a loan under section 6407(d) such act; making repairs to the property of a consumer that facilitate the energy measures for the property financed 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00028 DATE fmt 6652 CARDINAL sfmt 6201 a loan under section 6407(d) of such entering into a contract under section of such act; or carrying out the duties of an eligible under section 6407 LAW of such act. persistent poverty the that the grant is for the purpose of making a under section 6407(d) of the farm security rural investment act of 2002 DATE (7 u.s.c. to a qualified consumer in a persistent county (as determined by the secretary), the limitation in paragraph ( 1 CARDINAL ) of this shall be 10 percent PERCENT . this section: eligible term has the meaning given the term in section of the farm security and rural investment of 2002 DATE ( 7 u.s.c QUANTITY . 8107a(b)). qualified term has the meaning given the term in 6407(b) of the farm security and rural act of 2002 DATE ( 7 u.s.c QUANTITY . 8107a(b)). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00029 fmt 6652 CARDINAL sfmt 6201 12005 DATE . rural energy for america GPE program. addition to amounts available, there is appropriated to the secretary, out any money in the treasury not otherwise appropriated, eligible projects under the rural energy for america GPE established under section 9007 LAW of the farm and rural investment act of 2002 DATE ( 7 u.s.c QUANTITY . $ 811,750,000 MONEY for fiscal year 2022 DATE , to available until september 30, 2031 DATE , and for there may be no outlays after september 30 DATE , and $ 272,000,000 MONEY for each of fiscal years 2023 2027 DATE , to remain available until september 2031 DATE , and for which there may be no outlays september 30, 2031 DATE . underutilized renewable energy addition to amounts otherwise available, is appropriated to the secretary, out of any money the treasury not otherwise appropriated, to provide and other financial assistance under the program in subsection (a) relating to underutilized energy technologies, and to provide technical for applying to such program, as determined by the and to the extent the following amounts remain 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00030 fmt 6652 CARDINAL sfmt 6201 at the end of each fiscal year, the secretary shall such amounts in accordance with subsection $ 143,250,000 MONEY for fiscal year 2022 DATE , to available until september 30, 2031 DATE , and for there may be no outlays after september 30 DATE , and $ 48,000,000 MONEY for each of fiscal years 2023 2027 DATE , to remain available until september 2031 DATE , and for which there may be no outlays september 30, 2031 DATE . non-federal section of the farm security and rural investment of 2002 DATE (7 u.s.c. 8107(c)(3)(a)), the amount of a provided using amounts made available by this shall not exceed 50 percent PERCENT of the cost of the activity out using the grant funds. 12006 DATE . biofuel and product market expansion. addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 960,000,000 MONEY , to remain available september 30, 2031 DATE , to carry out this section. use of secretary shall use the made available by subsection (a) to provide 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00031 fmt 6652 sfmt 6201 on a competitive basis, to eligible entities described subsection to install, retrofit, or otherwise upgrade fuel or pumps and related equipment, storage system components, and other infrastructure at a location to ensure the environmentally availability of fuel containing ethanol blends at greater than PERCENT 10 percent PERCENT (as determined by the or fuel containing biodiesel blends at greater than 20 percent PERCENT (as determined by the and to build and retrofit distribution systems for blends, traditional and pipeline biodiesel operations (including rail lines), and home oil distribution centers or equivalent to blend biodiesel; and to carry ethanol and biodiesel. eligible eligible to receive grant under this section are transportation fueling and distribution facilities, including fueling stations, stores, hypermarket retailer fueling stations, facilities, as well as fuel terminal operations, partners, and heating oil distribution facilities or entities. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00032 fmt 6652 CARDINAL sfmt 6201 CARDINAL federal federal share of the cost of carrying out a project for which a grant is under this section shall be not more than 75 CARDINAL section. secretary may not limit the of funding an eligible entity may receive under 12007 DATE . clean energy repowering for rural addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 9,700,000,000 MONEY , to remain until september 30, 2031 DATE , to provide to an eligible assistance under paragraphs ( 1 CARDINAL ) and ( 2 CARDINAL ) by such assistance to eligible entities that will the greatest reduction in greenhouse gas emissions such assistance and that will otherwise aid communities (as determined by the secretary) making grants and loans (including the cost loans and modifications thereof as defined in 502 CARDINAL of the congressional budget act of 1974 DATE ) purchase renewable energy or renewable energy (as defined in section 9001(15) and ( 16 CARDINAL ) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00033 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL farm security and rural investment act of (7 u.s.c. 8101(15) and (16))), deploy energy systems, or make energy efficiency after the date of enactment of this act; making grants for debt relief and other associated with terminating, after the date of of this act or up to one year DATE prior to the of enactment, the use facilities with high greenhouse gas and related transmission assets. eligible entity may receive an equal to more than 10 percent PERCENT of the total amount available by this section. definition of eligible this the term an electric cooperative described in section or 1381(a)(2) of the internal revenue of 1986 DATE ; and an entity primarily owned or controlled by or more entities described in paragraph ( 1 CARDINAL ). 12008 DATE . rural partnership program. rural prosperity development 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00034 fmt 6652 CARDINAL sfmt 6201 CARDINAL addition to amounts available, there is appropriated to the for fiscal year 2022 DATE , out of any money in the to remain available until september 2031 DATE , to carry out this subsection to provide to support rural development under this allocation of secretary shall a formula pursuant to which the secretary allocate, for each state and for indian NORP an amount to be provided under this to eligible applicants described in ( 3 CARDINAL ). formula under subparagraph (a) shall a graduated scale for the amount to allocated under this subsection for applicants in each state and eligible of indian NORP tribes, with higher provided based on lower and lower income levels, as by the secretary. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00035 CARDINAL fmt 6652 sfmt 6201 awarding grants this subsection to eligible applicants each state and eligible applicants of tribes, the secretary shall give to eligible applicants representing a statistical area (as defined by office of management and budget) 1 CARDINAL or more rural areas contiguous to micropolitan statistical area. eligible secretary make a grant under this subsection to a no member of which has received a grant subsection (b) and is composed entities representing a region of 1 CARDINAL or more rural areas, except as provided in (b), 1 CARDINAL or more a unit of local a tribal government; or an authority, agency, or of an entity in item (aa) or (bb); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00036 fmt 6652 CARDINAL sfmt 6201 a nonprofit or for-profit including a public benefit an economic development a community or labor an institution of higher a community development institution, a philanthropic an instrumentality of a agency relevant to community rural development, a cooperative an institution in the farm system, and a local food policy and such other entities as the or the partnership may determine to appropriate; does not include a member described subparagraph (a)(i)(i), but demonstrates community support sufficient to a likelihood of success on the proposed as determined by the secretary; and demonstrates, as determined by the cooperation among the members of partnership necessary to complete asset-based rural development to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00037 PRODUCT fmt 6652 CARDINAL sfmt 6201 CARDINAL federal, state, regional, and tribal while leveraging nongovernmental to build economic resilience and aid recovery, including in communities by economic transitions and climate eligible use of grant provided under this subsection may be used the following purposes, provided that, where the performance of any construction work with the grant funds shall meet the described section 9003(f LAW ) of the farm security rural investment act of 2002 DATE (7 u.s.c. conducting comprehensive rural and pre-development activities and supporting organizational operating relating to the rural development for which the grant was provided. implementing planned rural activities and projects. terms and in recipient of a under this subsection may not receive an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00038 fmt 6652 CARDINAL sfmt 6201 grant under this subsection or to implement activities pursuant to a rural plan unless the recipient provides the secretary an annual DATE plan and report, the secretary has approved, on the use of grant provided to the recipient under this more than 25 CARDINAL of amounts received by a recipient of a under this subsection may be used to a federal matching requirement of any program. matching in to (b), the recipient of a grant under this shall contribute a non-federal match 25 percent PERCENT of the amount of the grant, which be satisfied through an in-kind secretary may waive portion of the matching requirement in subparagraph (a) on a finding that recipient of the applicable grant is distressed. rural prosperity innovation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00039 fmt 6652 CARDINAL sfmt 6201 CARDINAL addition to amounts available, there is appropriated to the for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 370,000,000 MONEY , remain available until september 30, 2031 DATE , to out this subsection. eligible secretary make a grant under this subsection to an entity has not received a grant under subsection (a) serves rural areas; and is a qualified nonprofit corporation or institution of higher education. eligible grant provided this subsection may be to support activities of the recipient development and predevelopment aspects of rural development; and organizational capacity-building to support the rural development funded by the grant; and to support the recipient of a grant subsection (a) in carrying out activities which that grant was provided. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00040 fmt 6652 sfmt 6201 matching recipient a grant under this subsection shall contribute a match of 20 percent PERCENT of the amount of grant. this section: rural term has meaning given the term in section 343(a)(13)(c LAW ) the consolidated farm and rural development ( 7 u.s.c QUANTITY . 1991(a)(13)(c)). term the 50 CARDINAL states of the united states GPE ; the district of columbia; and the insular areas. 12009 DATE . additional usda rural development funds. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until september 30 DATE , for administrative costs and salaries and expenses the rural development mission area and for research, collection, and other associated costs for section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00041 fmt 6652 CARDINAL sfmt 6201 and urban 13001 DATE . department of agriculture research addition to amounts available, there are appropriated to the secretary, out any money in the treasury not otherwise appropriated, remain available until september 30 DATE , agricultural research service, for fiscal year 2022 DATE , to carry out research relating to climate change, through climate hubs, long-term agroecosystem nutrient uses and outcomes, soil carbon collection, and other related agricultural science; economic research service, for fiscal year 2022 DATE , to carry out analysis and economic agricultural research to climate change; to the office of the chief economist, for each of fiscal years 2022 DATE through to carry out economic analysis and economic research relating to climate change and services markets; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00042 fmt 6652 CARDINAL sfmt 6201 to the national agricultural statistics $ 40,000,000 MONEY for fiscal year 2022 DATE , to out data collection and agricultural relating to climate change; and $ 14,000,000 MONEY for fiscal year 2022 DATE , for a survey, and data collection to the study required under section of the agriculture improvement act of (public law 132 CARDINAL stat. 4812), shall be completed not later than 31, 2022; to the national institute of food and ORG to carry out agricultural education, and research relating climate through the agriculture and food initiative established by (b) of the competitive, special, and research grant act ( 7 u.s.c QUANTITY . $ 25,000,000 MONEY for each of fiscal 2022 DATE and 2023 DATE ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00043 fmt 6652 CARDINAL sfmt 6201 $150,000,000 MONEY for each of years 2024 DATE through 2026; through the sustainable research education program under sections 1619 DATE , 1621 DATE , 1622 DATE , and 1629 DATE of the food, agriculture, and trade act of 1990 DATE ( 7 5801, 5811, 5812 DATE , 5831 DATE , $ 25,000,000 MONEY for each of fiscal 2022 DATE and 2023 DATE ; and $ 150,000,000 MONEY for each of years 2024 DATE through 2026; through the crop protection pest competitive grant program under section 406 LAW of the research, extension, and reform act of 1998 DATE ( 7 u.s.c QUANTITY . $ 30,000,000 MONEY for fiscal year 2022 DATE ; through the agricultural genome phenome initiative established under 1671 DATE of the food, agriculture, and trade act of 1990 DATE (7 5924), $ 20,000,000 MONEY for fiscal year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00044 fmt 6652 sfmt 6201 through the organic agriculture and extension initiative established section 1672b DATE of the food, conservation, and trade act of ( 7 u.s.c QUANTITY . $ 15,000,000 MONEY for fiscal year DATE and $ 5,000,000 MONEY for fiscal year DATE $ 60,000,000 MONEY for each of years 2024 DATE through 2026; through the urban, indoor, and emerging agricultural production education, and extension initiative under section 1672e of the agriculture, conservation, and act of 1990 DATE ( 7 u.s.c QUANTITY . 5925g), for fiscal year 2022 DATE ; through the centers of excellence by 1890 DATE institutions established under 1673(d) of the food, agriculture, and trade act of 1990 DATE (7 5926(d)), $ 15,000,000 MONEY for fiscal 2022 DATE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00045 fmt 6652 CARDINAL sfmt 6201 through the specialty crop and extension initiative established section 412 CARDINAL of the agricultural extension, and education reform of 1998 DATE ( 7 u.s.c QUANTITY . $ 10,000,000 MONEY for each of fiscal 2022 DATE and 2023 DATE ; and $ 60,000,000 MONEY for each of years 2024 DATE through 2026; through the cooperative extension the smith-lever act ( 7 u.s.c QUANTITY . 341 CARDINAL seq.) for technical assistance, technology and other extension activities to climate $ 60,000,000 MONEY for each of fiscal 2022 DATE and 2023 DATE ; and $ 160,000,000 MONEY for each of years 2024 DATE through 2026; through the cooperative extension 1994 DATE institutions in accordance with 3(b)(3) of the smith-lever act (7 343(b)(3)), $ 8,000,000 MONEY for each of years 2022 DATE through 2026 DATE ; and through the cooperative extension 1890 DATE institutions under section 1444 LAW of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00046 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL national agricultural research, and teaching policy act of 1977 DATE ( 7 3221 DATE ), $ 25,200,000 MONEY for each of DATE years 2022 DATE through 2026 DATE ; $ 2,664,500,000 MONEY for fiscal year 2022 DATE , grants for construction, alteration, modernization, renovation, or remodeling agricultural research facilities, including building costs associated with compliance applicable federal and state law, under 4 DATE of the research facilities act ( 7 390b CARDINAL ), subject to the condition that, section 3(c)(2)(a LAW ) of that act u.s.c. 390a(c)(2)(a)), the recipient of a provided using those amounts shall not be to provide any non-federal share of funding provided under this subparagraph; $ 985,500,000 MONEY for fiscal year 2022 DATE , for to covered institutions for construction, acquisition, modernization, or remodeling of agricultural research including related building costs with compliance with applicable federal state law, under section 4 LAW of the research act ( 7 u.s.c QUANTITY . 390b CARDINAL ), subject to the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00047 DATE fmt 6652 CARDINAL sfmt 6201 u.s.c. the recipient of a grant using those amounts shall not be required provide any non-federal share of total provided under this subparagraph; $ 100,000,000 MONEY for fiscal year 2022 DATE , for equipment grants under section 1462a the national agricultural research, and teaching policy act of 1977 DATE ( 7 3310a DATE ); for the scholarships for students at institutions grant program under section of the national agricultural research, and teaching policy act of 1977 DATE ( 7 $10,000,000 MONEY for each of fiscal 2022 DATE and 2023 DATE ; $ 50,000,000 MONEY for each of fiscal 2024 and 2025 DATE ; and $ 70,000,000 MONEY for fiscal year 2026 DATE ; $ 10,000,000 MONEY for each of fiscal years through 2026 DATE , for grants to land-grant and universities to support tribal under section 1450 LAW of that act ( 7 u.s.c QUANTITY . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00048 fmt 6652 sfmt 6201 and for purposes of this subparagraph, 1450(b)(4 CARDINAL ) of such act shall not apply; $ 10,000,000 MONEY for each of fiscal years through 2026 DATE , for the higher education scholars program carried out to section 1417 DATE of that act (7 u.s.c. to the office of the chief scientist, to carry advanced research and development relating to through the agriculture advanced research development authority under section 1473h of national agricultural research, extension, and policy act of 1977 DATE ( 7 u.s.c QUANTITY . $ 10,000,000 MONEY for each of fiscal years DATE and 2023 DATE ; and through 2026 DATE ; $ 120,000,000 MONEY for each of fiscal years DATE to the foundation for food and agriculture to carry out activities relating to climate in accordance with section 7601 DATE of the act of 2014 DATE ( 7 u.s.c QUANTITY . 5939), to be as provided pursuant to subsection (g)(1)(a) of section, and subject to the condition that the shall not secure funds from any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00049 fmt 6652 sfmt 6201 CARDINAL of higher education (as defined in section 101 LAW the higher education act of 1965 DATE ( 20 u.s.c QUANTITY . to fulfill the matching funds requirement section 7601(g)(1)(b)(i) of the agricultural of 2014 DATE ( 7 u.s.c QUANTITY . $ 45,000,000 MONEY for each of fiscal years DATE and 2023 DATE ; and through 2026 DATE ; $ 150,000,000 MONEY for each of fiscal years DATE for biomass research, $ 5,000,000 MONEY for fiscal 2022 DATE , to carry out agriculture climate research biomass, including pyrolysis and biochar, and activities in accordance with section 9008 CARDINAL of farm security and rural investment act of ( 7 u.s.c QUANTITY . 8108 DATE ); and to the office of urban agriculture and production, $ 62,000,000 MONEY for each of fiscal 2022 DATE and 2023 DATE , to carry out activities in with section 222 LAW of the department of reorganization act of 1994 DATE (7 u.s.c. covered institution this the term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00050 fmt 6652 sfmt 6201 an 1890 DATE institution (as defined in section 2 LAW the agricultural research, extension, and reform act of 1998 DATE ( 7 u.s.c QUANTITY . 7601)); a 1994 DATE institution (as defined in section of the equity in educational land-grant act of 1994 DATE ( 7 u.s.c QUANTITY . 301 CARDINAL note; public law an alaska native serving institution or hawaiian NORP serving institution eligible to receive under subsections (a) and (b), respectively, of 1419b DATE of the national agricultural extension, and teaching policy act of 1977 DATE u.s.c. 3156 DATE ); hispanic-serving agricultural colleges and and hispanic NORP -serving institutions (as terms are defined in section 1404 LAW of the agricultural research, extension, and policy act of 1977 DATE (7 u.s.c. 3103)); an eligible institution (as defined in section of the national agricultural research, and teaching policy act of 1977 DATE (7 u.s.c. (relating to institutions of higher education in areas)); and the university of the district of columbia ORG pursuant to the act of july 2, 1862 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00051 fmt 6652 sfmt 6201 CARDINAL known as the morrill ( 7 301 TIME et seq.). 13002 DATE . limitation. funds made available under this subtitle are to the condition that the secretary shall enter into any that is for a term extending beyond 30 CARDINAL , 2031; and under which any payment could be or funds disbursed after september 30 DATE , and use any other funds available to the to satisfy obligations initially made under this 14001 DATE . additional support for usda office the general. addition to amounts otherwise made available, is appropriated to the office of the inspector of the department of agriculture for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 5,000,000 MONEY to remain available until september 2031 DATE , for audits, investigations, and other oversight of projects and activities carried out with funds 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00052 DATE fmt 6652 CARDINAL sfmt 6201 available to the department of agriculture under title. on and labor matters and secondary 20001. rebuild schools grant in addition to amounts otherwise there is appropriated to the department of for fiscal year 2022 DATE , out of any money in treasury to remain available until september 2025 DATE , for carrying out this section; and for each of fiscal years 2023 through 2024 DATE , of any money in the treasury ORG not otherwise $ 39,643,650,000 MONEY , to remain available september 30, 2026 DATE , for carrying out this rebuild schools grants funds provided under paragraphs ( 1 CARDINAL ) and of subsection (a), the secretary shall award grants in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00053 fmt 6652 CARDINAL sfmt 6201 years 2022 DATE through 2024 DATE to state educational in accordance with subsection (c). rebuild schools state educational agency eligible for an allocation under this with respect to fiscal year 2022 DATE , for purpose of public school facilities inventory in accordance with paragraph ( 3)(a CARDINAL ); with respect to fiscal years 2023 DATE and if such state educational agency has had by the secretary a state facilities plan under paragraph (3)(a)(ii)(i), for the of improving public school facilities in with paragraph ( 3)(b CARDINAL ). allocations to amount to each state educational agency under ( 1 CARDINAL ) shall be in the same proportion as the distributed to the state under part a of i of the elementary and secondary education of 1965 DATE ( 20 u.s.c QUANTITY . 6311) in the most recent year DATE , relative to the total amount received under part by all other states receiving an allocation this section in such fiscal year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00054 fmt 6652 sfmt 6201 CARDINAL state uses of state agency that receives an allocation under with respect to fiscal year 2022 DATE , shall not less than 80 percent PERCENT of such to award subgrants to local agencies (including public charter that are local educational agencies) the state, in proportion to the amount funds such local educational agencies charter schools received under part a title i of the elementary and secondary act of 1965 DATE ( 20 u.s.c QUANTITY . 6311) the most recent fiscal year DATE , to support such local educational agency the development and of a local facilities master plan to the health, safety, education enrollment diversity, sustainability, and climate of the public school facilities by such agency; and the collection and submission data to the state educational 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00055 fmt 6652 sfmt 6201 to support implementation of the school facilities database; and not more than 20 percent PERCENT of such develop a state facilities plan how the state will use funds received under this and state funds to make to public school of eligible agencies to address in both the financing and of school facilities outlay projects and in the of public school between eligible local agencies and other local agencies in the state; how the state will a competitive process to subgrants to eligible local agencies, criteria for subgrant and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00056 fmt 6652 sfmt 6201 how the state will, in out for subgrants described item (bb), take into the impact that such may have on increasing diversity and decreasing and socioeconomic isolation students attending public or secondary schools by such subgrants; develop and operate (directly through grants or contracts) the school facilities database; and provide technical assistance local educational agencies in out activities described in clause and supports related to the of paragraph ( 4 CARDINAL ) for local educational agencies; and with respect to each of fiscal years and 2024 DATE , use not less than 90 percent PERCENT of allocation to award subgrants on a basis to eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00057 fmt 6652 sfmt 6201 CARDINAL agencies with approved described in paragraph (4)(a); and use not more than 10 percent PERCENT of allocation maintain and update (directly through grants or contracts) the school facilities database; provide technical assistance eligible local educational agencies in state in carrying out school capital outlay projects, including assistance regarding capital energy efficiency, and resiliency; develop and strategies for safe, healthy, efficient, and environmentally public school facilities that indoor air quality; water quality; energy and water renewable energy and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00058 DATE fmt 6652 sfmt 6201 CARDINAL exposure to toxic mercury, polychlorinated biphenyls, vapor intrusions, and climate resiliency; emergency for natural or man-made or emergencies; and structural hazards by pyrrhotite, as determined an report and testing; provide professional opportunities for state and local involved in maintenance and and school facilities capital projects; and administer and monitor the of subgrants provided clause (i). rebuild schools subgrants eligible local educational state educational shall require an eligible local educational 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00059 fmt 6652 CARDINAL sfmt 6201 desiring a subgrant under paragraph to submit an application to the state agency that, at a minimum, a certification that the eligible local agency shall use subgrant for school facilities capital outlay that prioritize the improvement of public school facilities of such agency serve the highest numbers or of students who are eligible for a free reduced price lunch under the richard russell national school lunch ORG act (42 1751 DATE ), under a method established the secretary; and such facilities master use of eligible local agency that receives a subgrant paragraph ( 3)(b)(i CARDINAL ) shall use such funds carry out school facilities capital outlay including 1 CARDINAL or more of the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00060 fmt 6652 sfmt 6201 assessing, planning, designing, modernizing, retrofitting, or public school facilities. carrying out major repairs of school facilities, including repairs to the life of facilities systems and by not less than 10 years DATE . upgrading or replacing major systems, components, furniture, and equipment with a life of not less 10 years DATE . constructing new public school including when student exceeds the physical and instructional of public school facilities. purchasing and preparing sites on public school facilities will be improving energy and water in public school facilities, including related to clean energy. reducing or eliminating the of health and safety hazards in public facilities, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00061 CARDINAL fmt 6652 CARDINAL sfmt 6201 toxic substances, lead, and asbestos; mold or mildew; rodents and pests; and structural hazards created pyrrhotite. improving instructional or public school facilities relating to learning, special education, science, career and technical education, education, the arts, literacy library programs), or community- partnerships. improving the public school of magnet schools, or other programs, designed to increase diversity and decrease racial or isolation. supporting independent and certification of public school public school facility systems, school facilities capital outlay projects. state matching 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00062 fmt 6652 sfmt 6201 in a condition of a state shall contribute, from non- sources, an amount equal to 10 percent PERCENT the amount of the allocation received under subsection to carry out activities supported such allocation. that contributed average of 10 percent PERCENT or greater toward local educational agency capital outlay non-federal funds, within the most recent fiscal period, are exempt from the state requirement under subparagraph (a). state maintenance of in state shall provide assurance to the secretary that for each year DATE that the state receives an allocation this section, the share of school capital outlay will be not less than 90 CARDINAL of the average of the share of facilities capital outlay for the 5 years the 2020 fiscal year DATE . (a), in response to a request from a the secretary may modify or waive, in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00063 fmt 6652 sfmt 6201 DATE or in part, the requirement of (a) if the secretary determines that such demonstrates an exceptional or circumstance, such as a natural disaster, or precipitous decline in revenue. supplement not a of receiving an allocation under subsection a state shall use funds received under section only to supplement the level of state and public funds that would, in the absence of the of federal funds under this section, be made for the contribution to school capital outlays, and not to supplant those other esea terms educational and educational have the given the terms in section 8101 LAW of the and secondary education act of 1965 DATE ( 20 7801 DATE ). eligible local educational term local educational means local educational agency (including a public 23, 2021 CARDINAL ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00064 fmt 6652 CARDINAL sfmt 6201 CARDINAL school that is a local educational agency under law) in a state is identified by the state based on the established under the state facilities as among the local educational agencies in state the highest numbers or of students counted under section of the elementary and secondary act of 1965 DATE u.s.c. or the most limited capacity to raise for the long-term improvement of school facilities, as determined by an of factors determined by the certifies that any funds received under section shall be used to prioritize the of public school facilities of public or secondary schools that serve the percentages of students who are eligible a free or reduced price lunch under the b. russell PERSON national school lunch act ORG u.s.c. 1751 DATE ), under a method established the secretary; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00065 fmt 6652 sfmt 6201 CARDINAL certifies that any public school improved by funds received under this operated and managed by a public or a non-profit private entity; and owned or leased from a public or owned or leased from a private except that no individual associated such private entity may have a interest or management role in the educational agency. local facilities master facilities master means a plan of local educational agency developed under (c)(3)(a)(i)(i) by the local educational in consultation with local stakeholders, which an assessment of such public school financing of school capital project outlays, student enrollment levels, and other factors by the secretary. term and of school means the labor, and supplies and materials supported by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00066 fmt 6652 CARDINAL sfmt 6201 CARDINAL local educational annual DATE operating budget cleaning, groundskeeping, and and routine maintenance of public school and grounds; minor repairs and operations of systems and equipment for public school and payments for utilities for public school public school school means a school facility by a local educational agency that is primarily to educate students, including outdoor facilities grounds, but does not a facility that is primarily used for contests or exhibitions or other events which admission is charged to the general a vehicle; or a district central office, operation or other school facility if it is not primarily to educate students. school outlay term facilities capital outlay 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00067 fmt 6652 CARDINAL sfmt 6201 means the assessment, planning, design, renovation, repair, management, and of a public school facility project with a expectancy of at least 10 years DATE , but does not operations and maintenance of school facilities. term means secretary of education. term means each of 50 CARDINAL states, the district of columbia, and the of puerto rico GPE . contribution to school capital term to school facilities capital means total amount of state appropriations on and secondary education capital expenditures in state, state aid reimbursements for school capital outlay projects; state payment of debt service for facilities capital outlay projects; direct payment of school facilities outlay projects; and grants or facilities allowances to schools for facilities capital projects. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00068 fmt 6652 CARDINAL sfmt 6201 CARDINAL state facilities facilities means a plan by the state educational agency, in accordance subsection (c)(3)(a)(ii)(i) and including plan determined by the secretary, for the of being eligible for an allocation described in (c)(1)(b). state school facilities term school facilities means electronic, publicly available database maintained the state educational agency that contains an of the infrastructure of all public school in the state, including the data elements by the secretary. 20002 DATE . outlying areas. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 410,900,000 MONEY , to remain available until 30, 2026 DATE , for the secretary of education to to each outlying area (as defined in section 8101 the elementary and secondary education act of 1965 DATE u.s.c. 7801)) an amount in proportion to the amount by the outlying area under part a of title i of elementary and secondary education act of 1965 DATE ( 20 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00069 fmt 6652 CARDINAL sfmt 6201 6311 DATE ) in the most recent fiscal year DATE relative to the amount received under such part for such fiscal year DATE all outlying areas, to carry out the activities described section 20001(c) in the outlying areas. 20003 DATE . impact aid construction grants. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 410,900,000 MONEY , to remain available until 30, 2026 DATE , for making payments to local agencies in accordance with the same terms and as the terms and conditions of section 7007 LAW of elementary and secondary education act of 1965 DATE ( 20 7707 DATE ), except subsection (a)(2)(a) of such section shall be by substituting for and subsection (a)(2)(b) of such section shall be by substituting for clauses (i) and (vi) of subsection (b)(5)(a) such section shall not apply to funds provided or under this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00070 fmt 6652 CARDINAL sfmt 6201 20004 DATE . bureau of indian education ORG . addition to amounts otherwise available, there is to the bureau of indian NORP education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 369,810,000 MONEY , to remain available until 30, 2026 DATE , for necessary expenses related construction, repair, improvement, and of buildings, utilities, and other facilities for the operation of indian NORP education including architectural and engineering by contract, acquisition of lands, and interests lands, of which no more than 3 percent PERCENT shall be for administrative costs to carry out this and $ 41,090,000 MONEY , to remain available until 30, 2026 DATE , for digital infrastructure to access to high-speed broadband sufficient for learning and related digital infrastructure or programs operated or funded by the of indian NORP education, for bureau-funded schools defined in section 1141(3 LAW ) of the education of 1978 DATE ( 25 u.s.c QUANTITY . 2021(3 CARDINAL ))). 20005 DATE . gallaudet university. addition to amounts otherwise available, there is to the department of education for fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00071 fmt 6652 sfmt 6201 2022 DATE , out of any money in the treasury ORG not otherwise $ 150,000,000 MONEY , to remain available until 30, 2026 DATE , for the kendall demonstration school and the model secondary school for the at gallaudet university for construction, as defined section 201(2 LAW ) of the education of the deaf act of 1986 DATE u.s.c. 4351(2)). 20006. grow your own programs. addition to amounts available, there is appropriated to the department education for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 197,000,000 MONEY , remain available through september 30, 2025 DATE , to award for the development and support of grow your programs, as described in section 202(g) of the education act of 1965 DATE ( 20 u.s.c QUANTITY . 1022a(g)). in 202 CARDINAL of the higher act of 1965 DATE ( 20 u.s.c QUANTITY . 1022a DATE ) is in subsection (b)(6)(c), by striking (f) or and inserting (f) or in subsection (c)(1), by inserting grow own program under subsection after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00072 fmt 6652 sfmt 6201 by redesignating subsections (g), (h), (i), and (k), as subsections (h), (i), (j), (k), and (l), and by inserting after subsection (f) the partnership grants for the of your in eligible partnership that a grant under this section shall carry out an your program to address of teachers in high-need subjects, fields, and geographic areas, or shortages of school in high-need schools, and to increase the of qualified individuals entering into the principal, or other school leader workforce. requirements of a grow your own addition to carrying out each of the described in paragraphs ( 1 CARDINAL ) through (6) of (d), an eligible partnership carrying out a your own program under this subsection integrate career-focused courses on topics with a year-long DATE school-based experience in which candidates teach or alongside an expert mentor teacher or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00073 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL leader who is the teacher or school leader record in the same local educational agencies which the candidates expect to work; provide opportunities for candidates practice and develop teaching skills or school skills; support candidates as they complete associate (in furtherance of their baccalaureate, or degree or their teaching or school leadership work to provide academic, counseling, programmatic supports to candidates; provide academic and nonacademic including advising and financial to candidates to enter and complete or school leadership preparation and to access and complete state exams; include efforts to recruit individuals experience in high-need subjects or fields are not certified to teach or lead, with a focus on recruiting from groups or populations that underrepresented; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00074 fmt 6652 CARDINAL sfmt 6201 who live in and come from the the schools serve; evaluate the effectiveness of the including, at a minimum, using the data under section 204(a)(1 LAW ); require candidates to complete all requirements to become fully certified; provide stipends for candidates to in school-based clinical 20007 DATE . teacher residencies. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 198,000,000 MONEY , to remain available through 30, 2025 DATE , to award grants for the development support of high-quality teaching residency programs, described in section 202(e) of the higher education of 1965 DATE ( 20 u.s.c QUANTITY . 1022a(e CARDINAL )), except that amounts under this section shall be available for residency for prospective teachers in a or degree program. 20008 CARDINAL . support school principals. addition to amounts otherwise available, there is to the department of education for fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00075 fmt 6652 sfmt 6201 2022 DATE , out of any money in the treasury ORG not otherwise $ 198,000,000 MONEY , to remain available through 30, 2025 DATE , to award grants for the development support of school leadership programs, as described section 2243 LAW of the elementary and secondary act of 1965 DATE ( 20 u.s.c QUANTITY . 6673). 20009 DATE . hawkins. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 198,000,000 MONEY , to remain available through 30, 2025 DATE , to award grants for the augustus hawkins centers of excellence program, as described section 242 LAW of the higher education act of 1965 DATE ( 20 1033a DATE ). 20010. funding for the individuals with education part d personnel addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 297,000,000 MONEY , to remain available until 30, 2025 DATE , for personnel development in section of the individuals with disabilities education act ( 20 1462 QUANTITY ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00076 fmt 6652 sfmt 6201 CARDINAL education college promise 20021 DATE . grants for tuition-free community vii of the higher education act of 1965 DATE ( 20 1133 DATE et seq.) is amended by adding at the end following: college promise for tuition-free community 785 CARDINAL . grant awards. in with award year from amounts appropriated to carry out this for any fiscal year DATE , the secretary shall award to states and eligible tribal colleges and to pay the federal share of expenditures needed to out the activities and services described in section timing of grant secretary award grant funds under subsection (a) for an award not less than 30 days DATE before the first day of the year DATE . 786 CARDINAL . federal share; state share. federal in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00077 fmt 6652 CARDINAL sfmt 6201 to paragraph ( 2 CARDINAL ), amount of the federal share of a grant this subpart shall be based on a formula provides, for each eligible student enrolled a community college operated or controlled the state or in an eligible tribal college or a per-student amount (based on equivalent enrollment) that is equal to applicable percent described in (b), or the percent described in ( 2 CARDINAL ) with respect to an eligible tribal or university, for the award year DATE , median resident community college and fees per student in all states, not for enrollment, for the most award year DATE for which data are and for each subsequent award year, amount determined under this for the preceding award year DATE , by the lesser a percentage equal to the percentage increase in the price index (as determined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00078 fmt 6652 sfmt 6201 the secretary) since the date of determination; or 3 percent PERCENT . applicable percent for a state receiving a grant this subpart shall for the award year DATE , percent; percent; percent; percent; and percent. for the award year DATE , for the award year DATE , for the award year DATE , for the award year DATE , tribal colleges and amount of the federal share for an eligible college or university receiving a grant under subpart shall be the greater 100 percent of per-student determined in accordance with clause or (ii) of paragraph (1)(a), as applicable, respect to eligible students enrolled in such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00079 PRODUCT fmt 6652 CARDINAL sfmt 6201 CARDINAL tribal college or university (based on equivalent enrollment); or the amount that is 100 percent PERCENT of the amount needed to set tuition and fees to for all eligible students enrolled in such tribal college or university for the award year, increased by the percentage in the consumer price index (as by the secretary) between july 1, 2021 DATE , the applicable award year, and adjusted to the enrollment in such eligible tribal or university for such applicable award state in state share of a under this subpart for each award year be the amount needed to pay the percent described in subparagraph (b) of median resident community college tuition fees in all states, not weighted for per student (based on full-time equivalent determined in accordance with (a)(1)(a)(i) for all eligible students 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00080 fmt 6652 sfmt 6201 in a community college operated or by the state for such award year. applicable percent shall for the award year DATE , 0 percent PERCENT ; percent; and percent. for the award year DATE , 5 CARDINAL for the award year DATE , for the award year DATE , for the award year DATE , obligation to provide state shall provide the state share even if state is able to set tuition and fees charged eligible students attending community operated or controlled by the state to $ 0 MONEY required by section 788(a) without such share. no double counting with respect to funding described in (2)(a), no funds that count toward the of effort requirement under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00081 DATE fmt 6652 sfmt 6201 788(c) may also count toward the state under this subsection. special rule for outlying areas in the secretary that requiring an outlying area territory to provide a state share in with this subsection would a substantial hardship for the area or territory, the secretary may or waive the state share for such or territory. if the secretary so or waives the amount of the state of an outlying area or territory, the shall increase the applicable used to calculate the federal share such area or territory, in proportion to reduction in the applicable percent to calculate such state share. the purposes this subparagraph, the term or means the of puerto rico GPE , the district of guam GPE , american NORP samoa, states virgin islands, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00082 fmt 6652 CARDINAL sfmt 6201 of the northern mariana and the freely associated states. inclusion of state financial aid and the case of a state that to the satisfaction of the secretary that colleges operated or controlled by such will not experience a net reduction in total revenue (including revenue derived from and fees) as compared to the preceding fiscal in such state, a state may include, as part of state any financial aid that is provided state funds to an eligible student and is not awarded predominantly the basis of merit, including programs on the basis of predicted or actual performance or assessments; and may be used by such student to any component of cost of attendance, defined under section 472 LAW ; and any funds provided to community by local governments in such state for the of carrying out this subpart. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00083 DATE fmt 6652 CARDINAL sfmt 6201 relationship to maintenance of inclusion of funds described in ( 2 CARDINAL ) as part of a share shall modify the of effort requirements under section in accordance with the provisions section 791(10)(b)(iii), with respect funds included under paragraph ( 2)(a CARDINAL ); and section 791(10)(a)(ii LAW ), with respect funds included under paragraph ( 2)(b CARDINAL ). no in-kind state not include in-kind contributions for purposes the state share described in paragraph ( 1 CARDINAL ). determining number of eligible in purposes of (a) and (b), the secretary shall, in with the state or eligible tribal college or concerned, determine the estimated number eligible students enrolled in the community operated or controlled by such state or in such tribal college or university for the award year. adjustment of grant year for which a state or eligible tribal college university receives a grant under this subpart, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00084 fmt 6652 sfmt 6201 DATE secretary shall, once final enrollment data for year DATE are in consultation with the state or tribal college or university concerned, the actual number of eligible enrolled in the community colleges or controlled by such state or in such tribal college or university for the year by the grant; and adjust the federal share of the grant received by the state or eligible tribal or university and the state share under (b) to reflect the actual number of students, which may include applying relevant adjustment to such federal share the state share, or both, in the subsequent year DATE . community colleges operated or by state to include community colleges or controlled by local governments the purposes of this subpart, the college operated or controlled by a include a community college operated or controlled a local government within such state. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00085 fmt 6652 sfmt 6201 inapplicability of state requirements to secretary may not apply any applicable only to states under this subpart an eligible tribal college or university, including the under subsection (b), section 788(b) and (c), section 790 CARDINAL . 787 CARDINAL . applications. order to receive a grant under this subpart, a or eligible tribal college or university shall submit application to the secretary that an estimate of the number of eligible enrolled in the community colleges operated or by the state or in the eligible tribal or university and the cost of waiving tuition fees for all eligible students for each award year DATE by the grant; in the case of a state, a list of each of the colleges operated or controlled by the an assurance that each community college or controlled by the state, or the eligible college or university, as applicable, will set college tuition and fees for eligible to $ 0 MONEY as required by section 788(a); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00086 fmt 6652 CARDINAL sfmt 6201 a description of how the state or eligible college or university will ensure that leading to a recognized postsecondary meet the quality criteria established by the state section 122(b)(1 CARDINAL ) of the workforce innovation opportunity act ( 29 u.s.c QUANTITY . 3152(b)(1)) or quality criteria determined appropriate by the or eligible tribal college or university; an assurance that each community college or controlled by the state or the eligible college or university, as applicable, has into a program participation agreement under 487; an assurance that the state or eligible college or university will assist eligible in obtaining information about and accessing federal benefit programs and similar tribal, and local benefit programs that can financial assistance for any component of cost of attendance, as defined under 472 CARDINAL , other than tuition and fees; an assurance that, for each year DATE of the the state or eligible tribal college or will notify each eligible student of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00087 fmt 6652 sfmt 6201 eligibility for assistance under this the application submitted by a an assurance that the state will meet requirements of section 788(b)(1 LAW ) relating the alignment of secondary and education; and an assurance that the state will meet requirements of section 788(b)(2 CARDINAL ) relating the improvement of transfer pathways institutions of higher education; and an assurance that the state or eligible college or university will clearly communicate prospective students, students with college experience who have not completed a degree or credential, their families, the general plans to the program under this subpart; and how eligible students can attend a college operated or controlled by the or an eligible tribal college or university paying tuition and fees. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00088 fmt 6652 CARDINAL sfmt 6201 788 CARDINAL . program requirements. general a condition of a grant under this subpart in each award year DATE , state or eligible tribal college or university ensure that the total amount of tuition fees charged to an eligible student attending a college operated or controlled by the or the eligible tribal college or university, as is $ 0 MONEY ; not apply financial assistance for which an student qualifies to tuition or fees; and not use any funds provided under this for administrative purposes relating to such state addition to the under subsection (a), as a condition of a grant under this subpart a state shall meet the requirements: alignment of secondary and higher state submit and implement a plan to align requirements for receiving a regular high diploma from public schools in the state the requirements for entering coursework at community colleges in such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00089 fmt 6652 CARDINAL sfmt 6201 not later than 3 years DATE after the date which the state first ORDINAL receives a grant under subpart, certify to the secretary that such has been achieved. transfer state submit a plan, developed in with faculty from institutions of higher in the state, to improve transfer among institutions of higher in the state, including ensuring that associate degrees by community colleges the are fully transferable to, and credited the first 2 years DATE of related programs at public institutions of education in such state; increasing the transferability of courses within the certificate or programs offered by community in the state to related programs offered by institutions higher education in such state to the transferability of credits for who transfer before completing an degree; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00090 fmt 6652 sfmt 6201 expanding the use of reverse policies that allow implement the process of granting a certificate or degree to students who had completed the requirements for certificate or degree before they and allow academic credits for completed at a 4-year DATE to be applied to a previously- community college for the of obtaining an associate or a certificate; and ensuring that students attending colleges in the state have to comprehensive counseling and to facilitate the process of to a 4-year DATE institution of higher and not later than 3 years DATE after the date which the state first ORDINAL receives a grant under subpart, certify to the secretary that the is carrying out the plan submitted in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00091 DATE fmt 6652 sfmt 6201 with subparagraph (a) and is meeting requirements of clauses (i) through (iv) of subparagraph. state maintenance of state a grant under this subpart shall be entitled to its full allotment of funds under this subpart for a year DATE only if, for each year DATE of the grant, the state state fiscal support for higher education full-time equivalent student at a level equal to or the average amount of state fiscal support higher education per full-time equivalent student for the 3 CARDINAL consecutive preceding fiscal years DATE ; financial support for operating expenses capital expenses and research and costs) for public 4-year DATE institutions of higher at a level equal to or exceeding the amount provided for the 3 CARDINAL consecutive preceding fiscal years; and financial support for need-based financial at a level equal to or exceeding the average provided for the 3 CARDINAL consecutive preceding fiscal years. no additional eligibility state or eligible tribal college or university 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00092 fmt 6652 sfmt 6201 receives a grant under this subpart may not impose eligibility requirements on eligible students than the requirements under this subpart. eligibility for individual be determined to be ineligible to receive benefits under this subpart (including tuition and fees set $ 0 MONEY and other aid provided under this subpart) on the of citizenship, alienage, or immigration status. 789 CARDINAL . allowable uses of funds. in as provided in subsection a state shall use a grant under this only to provide funds to each community college or controlled by the state to enable each community college to set community college and fees for eligible students to $ 0 MONEY as under section 788(a); and an eligible tribal college or university use a grant under this subpart only to set college tuition and fees for eligible students $ 0 MONEY as required under section 788(a). additional a state or an eligible college or university demonstrates to the secretary the state or eligible tribal college or university has funds remaining after meeting the demand for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00093 fmt 6652 CARDINAL sfmt 6201 described in subsection (a), the state or eligible college or university shall use the remaining funds carry out 1 CARDINAL or more of the following: providing need-based financial aid to that may be used by such students to pay any of cost of attendance, as defined under 472 CARDINAL . reducing unmet need at public 4-year DATE of higher education. improving student outcomes by evidence-based reforms or including reforms or practices that are in section 795d(b)(1) or that meet an tier defined in section 795e(2). expanding access to dual or concurrent programs or early college high school supplement, not as in section 786(b)(2)(a), funds made available under subpart shall be used to supplement, and not other federal, state, tribal, and local funds that otherwise be expended to carry out activities in this section. continuation of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00094 fmt 6652 sfmt 6201 in as provided in ( 2 CARDINAL ), a state or an eligible tribal college or receiving a grant under this subpart for award year may continue to receive funding this subpart for subsequent award years DATE on the availability of budget authority and meeting the requirements of the grant, as by the secretary. secretary shall or reduce funding of the federal share a grant under this subpart if the state or an tribal college or university has violated the of the grant. rule of construction regarding bie in this subpart shall be construed to the availability of funds from, or uses of funds by, the bureau of indian ORG education for tribal and universities. 790 CARDINAL . automatic stabilizers for promise. maintenance of effort state meets the qualifying spending requirement may a waiver of the requirements under section 788(c). request by such a state, the secretary shall waive requirements of section 788(c) for the state as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00095 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL tier respect to each state for relief under tier i, such requirements shall be for the fiscal year DATE succeeding the fiscal year DATE which the determination of the eligibility such relief is made. tiers ii through respect to state eligible for relief under tier ii, iii, iv, v, such requirements shall be waived, in with subsection (d), the fiscal year DATE for which the of the eligibility for such relief made; the fiscal year DATE succeeding the fiscal described in subparagraph (a); or both such fiscal years. state share state share state that the qualifying spending requirement and is for relief under tier ii, iii, iv, or v may relief with respect to the requirements of 786(b)(1)(b). upon request by such a state, secretary shall provide relief from the of section 786(b)(1)(b), for the applicable year or years DATE , for the state as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00096 fmt 6652 sfmt 6201 CARDINAL tier respect to a state is eligible for relief under tier ii, the apply section 786(a)(1)(b)(v) by for apply section 786(b)(1)(b)(v) by for tier respect to a state is eligible for relief under tier iii, the apply section 786(a)(1)(b)(iv) by for apply section 786(a)(1)(b)(v) by for apply section 786(b)(1)(b)(iv) substituting for and apply section 786(b)(1)(b)(v) by for tier respect to a state is eligible for relief under tier iv, the apply section 786(a)(1)(b)(iii) by for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00097 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL apply section 786(a)(1)(b)(iv) by for apply section 786(a)(1)(b)(v) by for apply section 786(b)(1)(b)(iii CARDINAL ) substituting for apply section 786(b)(1)(b)(iv) by for apply section 786(b)(1)(b)(v) by for tier respect to a state is eligible for relief under tier v, the apply section 786(a)(1)(b)(ii) by for apply section 786(a)(1)(b)(iii) by for apply section 786(a)(1)(b)(iv CARDINAL ) substituting for apply section 786(a)(1)(b)(v) by for apply section 786(b)(1)(b)(ii) by for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00098 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL apply section 786(b)(1)(b)(iii CARDINAL ) substituting for apply section 786(b)(1)(b)(iv) substituting for apply section 786(b)(1)(b)(v CARDINAL ) substituting for applicable award respect each state eligible for relief under tier ii, iii, iv, v, the secretary shall provide the relief under (1), in accordance with subsection (d), made; the award year DATE for which the of the eligibility for such relief the award year DATE succeeding the award described in subparagraph (a); or both such award years DATE . state eligibility for under this section shall be determined as follows: tier state shall be eligible for relief tier i for a fiscal year DATE for the state is in an elevated period at any point in the fiscal year DATE ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00099 fmt 6652 CARDINAL sfmt 6201 the state is not eligible for relief any other tier. tier state shall be eligible for under tier ii for a fiscal or award year DATE , as for the state average unemployment is equal to or greater than 6.5 percent PERCENT but than 7.5 percent PERCENT at any point in the fiscal award year DATE ; or the national average unemployment is equal to or greater than 6.5 percent PERCENT but than 7.5 percent PERCENT at any point in the fiscal award year DATE ; and the state is not eligible for relief tier iii, iv, or v. tier state shall be eligible for under tier iii for a fiscal or award year DATE , as for the state average unemployment is equal to or greater than PERCENT 7.5 percent PERCENT but than 8.5 percent PERCENT at any point in the fiscal award year DATE ; or the national average unemployment is equal to or greater than PERCENT 7.5 percent PERCENT but 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00100 fmt 6652 sfmt 6201 DATE than 8.5 percent PERCENT at any point in the fiscal the state is not eligible for relief award year; and tier iv or v. tier state shall be eligible for under tier iv for a fiscal or award year DATE , as for the state average unemployment is equal to or greater than 8.5 percent PERCENT but than 9.5 percent PERCENT at any point in the fiscal award year DATE ; or the national average unemployment is equal to or greater than 8.5 percent PERCENT but than 9.5 percent PERCENT at any point in the fiscal award year DATE ; and tier v. the state is not eligible for relief tier state shall be eligible for relief tier v for a fiscal or award year DATE , as for the state average unemployment rate equal to or greater than 9.5 percent PERCENT at any in the fiscal or award year DATE ; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00101 fmt 6652 CARDINAL sfmt 6201 the national average unemployment is equal to or greater than 9.5 percent PERCENT at point in the fiscal or award year DATE . discretion in the provision of determining the fiscal years DATE for which to provide relief accordance with subsection (a)(2), or the award years DATE which to provide relief in accordance with subsection to a state that is eligible under tier ii, iii, iv, or the secretary shall take into account the following: in the case of a state that requests relief subsection (a)(2), the fiscal years DATE for which state requests such relief, if the state requests such relief for fiscal year DATE for which the determination of eligibility for such relief is made, the by which the state is unable to meet requirements of section 788(c) for such year DATE ; and if the state requests such relief for fiscal year DATE succeeding the year DATE described in (a), the amount by which the anticipates being unable to meet such for such succeeding fiscal year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00102 fmt 6652 CARDINAL sfmt 6201 in the case of a state that requests relief subsection (b), the award years DATE for which the requests such relief, if the state requests such relief for award year for which the determination of eligibility for such relief is made, the to which the state is unable to meet the of section 786(b)(1)(b) for such year DATE ; and if the state requests such relief for award year succeeding the year DATE described in (a), the extent to which the state being unable to meet such for such succeeding award year. the actual or anticipated timing, severity, duration of the unemployment rate increase the fiscal or award year DATE , as for which the determination of the for such relief is made; the fiscal or award year DATE , as succeeding the fiscal or award year DATE in subparagraph (a); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00103 fmt 6652 sfmt 6201 the fiscal or award year, as preceding the fiscal or award year DATE described subparagraph (a). other factors determined to be relevant by secretary. continued payment to that receives relief under subsection (a) or (b) shall, the greatest extent practicable, continue to pay its of, and contractors with, public institutions of education in the state during the period in which state is receiving such relief. this section: elevated unemployment term unemployment when used with respect to the nation a whole, means a consecutive, 3-month DATE in a fiscal year DATE for which the national unemployment rate is not less than 0.5 CARDINAL points above the lowest national unemployment rate for the 12-month DATE period such 3-month DATE period; and when used with respect to a state, a consecutive, 3-month DATE period in a fiscal in which the state average unemployment is not less than 0.5 CARDINAL percentage points 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00104 fmt 6652 CARDINAL sfmt 6201 the lowest state average unemployment for such state for the 12-month DATE period such 3-month DATE period. qualifying spending term spending when with respect to determining whether a state met such requirement, means the state has not decreased spending for any of the described in paragraphs ( 1 CARDINAL ) through ( 3 CARDINAL ) section 788(c) relative to such overall in spending averaged over the 3 consecutive fiscal years DATE . unemployment term average unemployment means the average (seasonally adjusted) rate of unemployment in all states for a consecutive, period in a fiscal year DATE , based on data from bureau of labor statistics of the department of state average unemployment term average unemployment means average (seasonally adjusted) rate of total in a state for a consecutive, 3-month DATE in a fiscal year DATE , based on data from the bureau labor statistics of the department of labor. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00105 fmt 6652 CARDINAL sfmt 6201 791. definitions. this subpart: career term has the meaning given the term in section of the workforce innovation and opportunity act u.s.c. 3102). community term a degree-granting public institution of education at the highest degree awarded is an degree; or an associate degree is the degree awarded; an eligible tribal college or a degree-granting branch campus of a public institution of higher education, if, such branch the highest degree awarded is an degree; or an associate degree is the degree awarded; or at the designation of the secretary, the case of a state that does not operate or any institution that meets a definition 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00106 DATE fmt 6652 sfmt 6201 CARDINAL subparagraph (a) or (c), a college or defined and structured academic that was in existence on july 1 DATE , within a 4-year DATE public institution higher education; and at the highest degree awarded an associate degree; or an associate degree is the degree awarded. dual or concurrent enrollment term or concurrent enrollment has the meaning given the term in section of the elementary and secondary education of 1965 DATE . early college high college high has the meaning the term in section 8101 LAW of the elementary secondary education act of 1965 DATE . eligible term means a student is enrolled as an undergraduate in an eligible program (as defined in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00107 fmt 6652 sfmt 6201 CARDINAL 481(b)) at a community college on not less a half CARDINAL -time basis; in the case of a student who is in a community college that charges tuition rates on the basis of in-state or residency, qualifies for in-state or in-district tuition at such community college; would qualify for such in-state in-district resident tuition at such college, but for the immigration of such student; has not been enrolled (whether full- or less than full-time) for more than 6 CARDINAL (or the equivalent) for which the college tuition and fees of the student set to $ 0 MONEY pursuant to section 788(a); is not enrolled in a dual or enrollment program or early college high and in the case of a student who is a states citizen, has filed a free for federal student aid described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00108 fmt 6652 CARDINAL sfmt 6201 483 for the applicable award year DATE for the student is enrolled. eligible tribal college or term tribal college or a 2-year DATE tribal college or university; a degree-granting tribal college or at which the highest degree is an associate degree; or an associate degree is the degree awarded. institution of higher term of higher has the given the term in section 101 LAW . means-tested federal benefit term federal benefit has the meaning given the term in section recognized postsecondary term postsecondary has the meaning given the term in section 3 LAW of workforce innovation and opportunity act ( 29 3102 DATE ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00109 fmt 6652 CARDINAL sfmt 6201 CARDINAL state fiscal support for higher in as in subparagraph (b), the term support for higher used respect to a state for a fiscal year DATE , an amount that is equal the gross amount of state funds appropriated or and expended by the state, funds from lottery receipts, in fiscal year DATE , that are used to institutions of higher education student financial aid for higher in the state; and any described (ii), if applicable. local the case of a that includes, as part of the state under section 786(b)(2)(b) for an year DATE , funds provided to community by local governments in such state the purpose of carrying out this local funds provided to community 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00110 fmt 6652 sfmt 6201 operated or controlled by such for operating expenses (excluding expenses and research and costs) shall be included in the of the state fiscal support for education for such award year clause (i). fiscal support higher education for a state for a fiscal shall not funds described in subparagraph that are returned to the state; state-appropriated funds derived federal sources, including funds under section 786(a) and section funds that are included in the share under section 786(b), including included in the state share in with paragraph (2)(a) of such amounts that are portions of appropriations to be distributed multiple years that are not to be for the year DATE for which the calculation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00111 fmt 6652 CARDINAL sfmt 6201 this paragraph is being made, to subparagraph (c); tuition, fees, or other educational paid directly by a student to a institution of higher education or to state; funds financial aid to students or operating expenses out-of-state of higher education; proprietary of higher education (as in section 102(b)); institutions of higher not accredited by an or association recognized the secretary pursuant to 496 CARDINAL ; financial aid to students predominantly on the basis merit, including programs awarded the basis of predicted or actual performance or assessments; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00112 fmt 6652 CARDINAL sfmt 6201 research and development; hospitals, athletics, or auxiliary enterprises; corporate or other private directed to one CARDINAL or more institutions higher education permitted to be by the state; or any other funds that the determines shall not be included in calculation of state fiscal support for education for such state. adjustments for biennial secretary shall take into any adjustments to the calculations this paragraph that may be required to reflect state fiscal support for higher in states with biennial appropriation state fiscal support for higher per full-time equivalent term fiscal support for higher per full-time equivalent when with respect to a state for a fiscal year DATE , means amount that is equal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00113 fmt 6652 sfmt 6201 CARDINAL the state fiscal support for higher for the previous fiscal year DATE ; divided the number of full-time equivalent enrolled in public institutions of higher in such state for such previous fiscal tribal college or college or has the meaning such term in section 316(b)(3 LAW ). 792 CARDINAL . sunset. in authority to make grants this subpart shall expire at the end of award year DATE inapplicability of gepa contingent of 422 CARDINAL of the general provisions act ( 20 u.s.c QUANTITY . 1226a DATE ) shall not to this subpart. 793 CARDINAL . appropriation. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, such sums as be necessary, to remain available until september 30 DATE , for carrying out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00114 fmt 6652 CARDINAL sfmt 6201 20022 DATE . retention and completion grants. f of title vii of the higher education act of ( 20 u.s.c QUANTITY . 1133 et seq.), as added by section 20021 LAW , further amended by adding at the end the following: and completion grants 795 CARDINAL . retention and completion grants. with award year DATE from appropriated to carry out this subpart for any year DATE , the secretary shall carry out a grant program make grants (which shall be known as and to eligible states and tribal colleges universities to enable the eligible states and tribal and universities to carry out the activities in section 795d LAW . 795a CARDINAL . grant amounts. the amounts to carry out this subpart, the secretary reserve an amount equal to 3 percent PERCENT of amounts to allocate grants to tribal colleges universities, which shall be distributed to the formula in section 316(d)(3)(b LAW ), to carry the activities described in section 795d(b)(1 LAW ) implement reforms or practices that meet an tier defined in section 795e(2); and use the amount remaining after the under paragraph ( 1 CARDINAL ) to award competitive 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00115 fmt 6652 sfmt 6201 to eligible states that have submitted under section 795b LAW . supplement, not funds under this subpart shall be used to supplement, not supplant, other federal, state, tribal, and local that would otherwise be expended to carry out assisted under this subpart. grant to the requirements section 795c, a grant under this subpart shall be a period of not more than 7 years DATE . 795b. applications. in a condition of receiving a under this subpart, an eligible state shall submit application to the secretary that a description how the eligible state will use the to implement evidence-based institutional or practices at institutions of higher in such state to improve student and meet the requirements of section how such eligible state will use funds to implement 1 CARDINAL or more or practices described in section at such institutions; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00116 fmt 6652 sfmt 6201 the extent to which each reform practice to be implemented meets an tier defined in section 795e(2); annual DATE implementation that the eligible state will use to progress in implementing such or practices; how such eligible state will increase for the public institutions of higher identified in accordance with ( 2)(b CARDINAL ); and the improvements the eligible state in student outcomes, including in retention, completion, or transfer or labor market outcomes, or a of such student outcomes, disaggregated by demographics including, at a minimum, ethnicity, income, disability status, and status as a first ORDINAL generation college with respect to each state public of higher the total per-student funding; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00117 fmt 6652 sfmt 6201 the amount of per-student funding is from state-appropriated funds; and the share of students at the who are students of color, low-income students with disabilities, students in of remediation, or first ORDINAL generation college and an identification of public institutions higher education in the eligible state that less funding on a per-student basis as in clause (i) or (ii), or both, of (a), and are serving high shares of students of color, students, students with disabilities, in need of remediation, or first ORDINAL generation students; a description of the steps the eligible state take to ensure the sustainability of the reforms or practices identified in paragraph and a description of how the eligible state will the effectiveness of activities funded under subpart, including how such eligible state will impacts on student outcomes, including 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00118 fmt 6652 CARDINAL sfmt 6201 transfer, and completion rates and labor outcomes. awarding funds under this the secretary shall give priority to eligible states do one CARDINAL or more of the following: propose to use a significant share of grant for reforms or practices that meet an evidence defined in section 795e(2). propose to use a significant share of grant to improve retention, transfer, and completion and labor market outcomes among students of low-income students, students with disabilities, in need of remediation, first ORDINAL generation students, and other underserved student in such state. propose to use a significant share of grant to improve retention, transfer, and completion and labor market outcomes among students funds. demonstrate a commitment to supporting funded under this subpart with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00119 fmt 6652 CARDINAL sfmt 6201 CARDINAL 795c PRODUCT . program requirements. in a condition of continuing to funds under this subpart, for each year DATE in which eligible state participates in the program under this the eligible state shall submit to the secretary eligible in meeting the annual implementation included in the application of such state under section 795b(a)(1)(a)(iii); in increasing funding for the public of higher education identified in accordance section 795b(a)(2)(b LAW ), as included in the of state under and in improving the student outcomes by the state under section 795b(a)(1)(c LAW ). eligibility for individual be determined to be ineligible to receive benefits under this subpart (including services and other aid under this subpart) on the basis of citizenship, or immigration status. 795d. uses of funds. general requirement for provided in subsection (c), an eligible state shall use grant under this subpart only to carry out activities 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00120 fmt 6652 sfmt 6201 in the application for such year DATE under section evidence-based institutional reforms or in eligible state or tribal or university receiving a grant under this shall, directly or in collaboration with of higher education and other non-profit use the grant funds to implement one CARDINAL or of the following evidence-based institutional or practices: providing comprehensive academic, and student support services, including advising, case management services, career pathway navigation. providing assistance in applying for accessing direct support services, means- federal benefit programs, or similar tribal, or local benefit programs. providing emergency financial aid to students for unexpected expenses and meet basic needs. providing accelerated learning including dual or concurrent programs and early college high school 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00121 fmt 6652 sfmt 6201 and pathways to graduate and degree programs, and reforming scheduling and credit awarding policies. reforming remedial and education. utilizing career pathways, including building capacity for career and education as defined in section 3 LAW of the d. NORP perkins career and technical act of 2006 DATE ( 20 u.s.c QUANTITY . 2302), programs study as defined in such section, or degree improving transfer pathways between colleges and four-year DATE institutions of education in the eligible state, or, in the of a tribal college or university, between tribal college or university and other of higher education. state allocation minimums with to evidence eligible state a grant under this subpart shall use not less 30 percent PERCENT of the grant funds for evidence- reforms or practices that meet an evidence defined in section 795e(2), of which at least 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00122 fmt 6652 sfmt 6201 CARDINAL shall be used for evidence-based reforms practices that meet evidence tier 1 CARDINAL . use of funds for administrative eligible state or tribal college or university receives a grant under this subpart may not more than 3 percent PERCENT of such grant for purposes relating to the grant under subpart; and not more than 3 percent PERCENT of such grant to the effectiveness of activities carried out this subpart. 795e. definitions. this subpart: eligible term means a state that is a recipient of a grant subpart 1 CARDINAL . evidence evidence tier term tier when used with respect to a or practice, means a reform or practice meets the criteria for receiving an grant from the education innovation and program under section 4611 LAW of the and secondary education act of 1965 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00123 DATE fmt 6652 CARDINAL sfmt 6201 u.s.c. 7261), as determined by the in accordance with such section. evidence tier term tier when used with respect to a or practice, means a reform that meets criteria for receiving a mid-phase grant the education innovation and research under section 4611 LAW of the elementary secondary education act of 1965 DATE ( 20 7261 DATE ), as determined by the secretary accordance with such section. first ORDINAL generation college term generation college has the given the term in section 402a(h LAW ). institution of higher term of higher has the given the term in section 101 LAW . tribal college or college or has the meaning the term in section 316(b)(3 LAW ). 795f PERSON . sunset. in authority to make grants this subpart shall expire at the end of award year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00124 fmt 6652 CARDINAL sfmt 6201 inapplicability of gepa contingent of 422 CARDINAL of the general provisions act ( 20 u.s.c QUANTITY . 1226a DATE ) shall not to this subpart. 795 CARDINAL g. appropriation. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 9,000,000,000 MONEY , remain available until september 30, 2030 DATE , for carrying this 20023 DATE . tuition assistance for students at black colleges and tribal colleges and and minority-serving f of title vii of the higher education act of ( 20 u.s.c QUANTITY . 1133 et seq.), as added and amended this act, is further amended by adding at the end the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00125 fmt 6652 sfmt 6201 assistance for students at black colleges and universities, tribal and universities, and minority-serving 796 CARDINAL . tuition assistance for historically black and universities. with award year DATE from appropriated to carry out this subpart for any year DATE , the secretary shall award grants to historically black colleges and universities that are institutions. 796a CARDINAL . tuition assistance for tribal colleges universities. with award year DATE from appropriated to carry out this subpart for any year DATE , the secretary shall award grants to tribal colleges and universities that are eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00126 fmt 6652 CARDINAL sfmt 6201 796b DATE . tuition assistance for alaska native- ORG institutions, asian NORP american NORP native american NORP pacific islander- institutions, hispanic NORP -serving native american NORP -serving institutions, native institutions, and black institutions. in with award year from amounts appropriated to carry out this for any fiscal year DATE , the secretary shall award to participating alaska native-serving institutions, american NORP and native american NORP pacific islander- institutions, hispanic NORP -serving institutions, native nontribal institutions, native hawaiian- institutions, and predominantly black institutions are eligible institutions. status of as an eligible institution described in subsection (a) be based on the most recent data available; be reviewed annually DATE to ensure that the continues to meet the requirements for as an institution described in subsection (a). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00127 fmt 6652 CARDINAL sfmt 6201 CARDINAL 796c PRODUCT . grant terms. grant in each year DATE for which an institution participates in the grant program this subpart, such eligible institution shall a grant in an amount equal to the product the number of eligible students at the institution for such year DATE ; and for the award year DATE , the resident community college tuition and per student in all states, not weighted for for the most recent award year for data are available; and for the award year DATE and subsequent award year, the amount under this subparagraph for the award year DATE , increased by the lesser a percentage equal to the percentage increase in the price index (as determined by the since the date of such or 3 percent PERCENT . first-year DATE tuition and a of receiving a grant under this subpart, an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00128 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL institution shall not increase tuition and fees the first year DATE of participation in the grant under this subpart at a rate greater than average annual DATE increase at the eligible institution the previous 5 years DATE . students enrolled less than full- secretary shall develop and implement a for making adjustments to grant amounts this subpart based on the number of eligible at each eligible institution enrolled less full-time and the associated tuition and fees to such students in proportion to the degree which each such student is not attending on a basis. data in secretary shall a process through which each eligible that participates in the program this provides the necessary eligible enrollment data at the start of the year DATE ; and initially receives grant funds, as under this subsection, based on data. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00129 fmt 6652 CARDINAL sfmt 6201 CARDINAL adjustment of grant each year for which an eligible institution a grant under this subpart, the shall, once final enrollment data for such are in consultation with the eligible concerned, determine the actual of eligible students for the year DATE by the grant; and adjust the grant amount received the eligible institution to reflect the number of eligible students, which include applying the relevant to such grant amount in the award year DATE . duplicate grants shall not receive more than one CARDINAL grant at a time under subpart. eligible institution that a grant under this subpart shall submit an to the secretary that an assurance that the institution commits maintaining, expanding, or adopting and evidence-based reforms or to improve student outcomes, which shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00130 fmt 6652 CARDINAL sfmt 6201 CARDINAL one or more of the practices described in 795d(b)(1); and in the case of an eligible institution that students who transfer from another an assurance that the commits to increasing the of individual courses within certificate or programs offered by community in the state to related baccalaureate offered by such institution to maximize transferability of credits for students who before completing an associate degree; will ensure that students attending colleges in the state have access to counseling and other easily tools regarding the process for to such institution; and has a formal, statewide articulation with community colleges in the state which such institution operates that, at a ensures associate degrees by community colleges in the state are transferable to, and credited as, the first years DATE of related baccalaureate programs at institution. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00131 fmt 6652 sfmt 6201 use of required awarded under subpart to a participating eligible institution be used to reduce tuition and fees for eligible by an amount that is not less than the per-student amount described in paragraph unless the actual cost of tuition and fees at such not more than such per-student in which case such institution shall use funds to waive all such tuition and fees charged such students and use any remaining funds in with paragraph ( 3 CARDINAL ). minimum per-student per-student amount described in this shall be equal for the award year DATE , the resident community college tuition and per student in all states, not weighted for for the most recent award year for data are available; and for the award year DATE and subsequent award year, the amount under this paragraph for the preceding year DATE , increased by the lesser 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00132 fmt 6652 sfmt 6201 a percentage equal to the percentage increase in the price index (as determined by the since the date of such or 3 percent PERCENT . additional participating institution shall use any grant funds remaining meeting the requirements of paragraph ( 1 CARDINAL ) to financial aid to eligible students that may be by such students to pay for any component of of attendance other than tuition and fees, which include emergency financial aid grants. supplement, not made to carry out this subpart shall be used to and not supplant, other federal, state, tribal, and funds that would otherwise be expended to carry out under this subpart. sixty CARDINAL under this subpart may be used to waive or reduce tuition and fees for the 60 CARDINAL credits for which an eligible student is enrolled the participating eligible institution except that, when the number of credits in which the student has enrolled for the purpose of carrying out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00133 fmt 6652 CARDINAL sfmt 6201 CARDINAL no student shall be considered to have enrolled for more than 12 CARDINAL credits per semester the equivalent) during the period for which the is receiving benefits under this subpart; and the participating eligible institution may any credits that a student enrolled in and not complete at such institution if the institution that such exclusion would be in the best of the student, except that an institution exclude no more than 15 CARDINAL credits under this for each individual student. eligibility for individual be determined to be ineligible to receive benefits under this subpart (including reduction of tuition fees and other aid provided under this subpart) on basis of citizenship, alienage, or immigration status. 796d CARDINAL . definitions. this subpart: alaska native- PERSON serving term native-serving has the given such term in section 317(b). asian american PERSON and native american NORP american NORP and native american NORP pacific 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00134 fmt 6652 CARDINAL sfmt 6201 has the meaning given term in section 371(c). cost of term of has the meaning given such term in 472 CARDINAL . eligible in term means a public or nonprofit 4-year DATE of higher education that has an student body of which not less than percent are low-income students. continuing determination of whether an institution the requirement under subparagraph (a) be based on the most recent data and shall be reviewed annually DATE to ensure the institution continues to meet the for participation. eligible in term means a student, regardless of age, is enrolled as an undergraduate in an eligible program (as defined section 481(b)) at a participating 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00135 CARDINAL fmt 6652 sfmt 6201 CARDINAL institution, on at least a half CARDINAL -time is a low-income student; has been enrolled at such eligible under this for not more than 60 CARDINAL credits, to section 796c(f); has not been enrolled (whether or less than full-time) for more 6 CARDINAL semesters (or the equivalent) for the student received a benefit under subpart; is not enrolled in a dual or enrollment program or early high school; has not completed an baccalaureate course of study; in the case of a student who is united states citizen, has filed a free for federal student aid in section 483 LAW for the applicable year for which the student is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00136 fmt 6652 CARDINAL sfmt 6201 DATE continued the of an eligible student who receives under this subpart and attends an that loses status as an eligible institution as an described section the student may continue to receive assistance for the period for which the would have been eligible if the institution which they are enrolled had retained such hispanic NORP -serving has the meaning such term in section 502 LAW . historically black college or term black college or means a part b institution as defined in 322 CARDINAL . low-income term means a student who meets the eligibility criteria for receiving a federal pell under section 401 LAW , regardless of whether such is otherwise eligible to receive such federal grant. native american NORP -serving nontribal term american NORP -serving 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00137 fmt 6652 CARDINAL sfmt 6201 has the meaning given such in section 319 LAW . native hawaiian NORP -serving term hawaiian NORP -serving has the meaning given such term in section predominantly black term black has the given such term in section 371(c). tribal college or college or has the meaning such term in section 316(b)(3 LAW ). 796e ORG . sunset. in authority to make grants this subpart shall expire at the end of award year DATE inapplicability of gepa contingent of 422 CARDINAL of the general provisions act ( 20 u.s.c QUANTITY . 1226a DATE ) shall not to this subpart. 796f. appropriation. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, such sums as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00138 fmt 6652 sfmt 6201 be necessary, to remain available until september 30 DATE , for carrying out this 20024 DATE . northern mariana LOC islands, american united states virgin islands ORG , guam college access. f of title vii of the higher education act of ( 20 u.s.c QUANTITY . 1133 et seq.), as added and amended this act, is further amended by adding at the end the 798 CARDINAL . northern mariana LOC islands, american united states virgin islands ORG , guam college access grants. grant in with award from amounts appropriated to out this section, the secretary shall such sums as may be necessary to the of each outlying area for such governors award grants to eligible institutions that eligible students to pay the difference the tuition and fees charged for in-state and the tuition and fees charged for students on behalf of each eligible enrolled in the eligible institution. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00139 DATE fmt 6652 sfmt 6201 CARDINAL maximum student paid on behalf of an eligible student this section shall not more than $15,000 MONEY for any award year DATE (as defined in section 481 LAW ); not more than $75,000 MONEY in the governor shall payments under this section with to eligible students who attend an eligible on less than a full-time basis. eligible student a payment under this section shall submit an to the eligible institution at which such is enrolled or plans to enroll. eligibility for shall be determined to be ineligible to receive provided under this subpart (including payments and other aid provided under this on the basis of citizenship, alienage, or status. administration of in governor shall carry the program under this section in consultation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00140 fmt 6652 sfmt 6201 the secretary. each governor may enter into a contract, or cooperative agreement with public or private entity to administer the under this section. memorandum of and the secretary shall enter into a of agreement that the manner in which the governor consult with the secretary with respect to the program under this section; any technical or other assistance to provided to the governor by the secretary purposes of administering the program this section (which may include access to information in the free application for student aid described in section 483 LAW ). in this section be construed to require an institution of higher to alter the admissions or standards in any manner to enable an eligible to enroll in the institution. grant authority to grants under this section shall expire at the of award year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00141 fmt 6652 CARDINAL sfmt 6201 inapplicability of gepa contingent of 422 CARDINAL of the general provisions act ( 20 u.s.c QUANTITY . 1226a DATE ) shall not to this section. this section: eligible term means an institution is a public four-year DATE institution of education located in one CARDINAL of the several of the united states GPE , the district of puerto rico GPE , or an outlying area; is eligible to participate in the financial assistance programs under title and enters into an agreement with the of an outlying area, or with two CARDINAL or of such governors (except that such may not enter into an agreement with governor of the outlying area in which such is located), containing such as each governor may specify, including a that the institution use the funds available under this section to supplement not supplant assistance that otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00142 fmt 6652 sfmt 6201 be provided to eligible students from areas. eligible term means an individual was domiciled in an outlying area for less than 12 consecutive months preceding commencement of the freshman year DATE at an of higher education; has not completed an undergraduate course of study; begins the course of study an eligible institution within 3 calendar years DATE any period of service on active duty the armed forces or service under the peace act ( 22 u.s.c QUANTITY . 2501 CARDINAL et seq.) or subtitle of title i of the national and community act of 1990 DATE ( 42 u.s.c QUANTITY . 12571 et seq.)) or obtaining the recognized of a secondary ORDINAL school diploma; or transfer from an institution of education located in an outlying (including transfer following the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00143 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL of an associate degree or certificate such institution); and is enrolled or accepted for enrollment, at least a half CARDINAL -time basis, in a baccalaureate or other program (including a program study abroad approved for credit by the at which such student is enrolled) to a recognized educational credential at an institution. institution of higher term of higher has the given the term in section 101 LAW . term means governor of an outlying area. outlying term means the northern mariana islands, samoa, the united states GPE virgin islands, and addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise such sums as may be necessary, to remain until september 30, 2030 DATE , for carrying out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00144 fmt 6652 sfmt 6201 grants and student loans 20031 DATE . increasing the maximum federal pell award year 401(b)(7) of higher education act of 1965 DATE u.s.c. is in subparagraph (a)(iii), by inserting sums as may be necessary for fiscal year 2022 DATE carry out the $ 500 MONEY increase provided under before and in subparagraph (c)(iii), by inserting before period at the end the following: except that, award year DATE such amount shall be by subsequent award years DATE through in 401(b) of the education act of 1965 DATE ( 20 u.s.c QUANTITY . 1070a(b)), as by section 703 LAW of the fafsa act (title vii of division ff of public law is in paragraph in clause (i), by striking the semicolon; (iii); and by redesignating clause (ii) as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00145 fmt 6652 sfmt 6201 by inserting after clause (i) the for each of award years DATE through an additional and in paragraph in clause by striking and the following: and by adding at the end the such sums as are necessary carry out paragraph (5)(a)(ii) for of fiscal years 2023 DATE through and by and inserting effective amendments made paragraph ( 1 CARDINAL ) shall take effect as if included in 703 CARDINAL of the fafsa simplification act (title of division ff of public law and in with section 701(b) of such act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00146 fmt 6652 sfmt 6201 20032 DATE . federal student aid eligibility. 484(a)(5 CARDINAL ) of the higher education act of ( 20 u.s.c QUANTITY . 1091(a)(5 CARDINAL )) is amended by inserting with respect to any grant, loan, or work assistance under this title for award years DATE through be subject to a grant of deferred enforced or have deferred action pursuant to the deferred for childhood arrivals policy of the secretary of security or temporary protected status under 244 CARDINAL of the immigration and nationality act ( 8 CARDINAL after a citizen or permanent 20033 DATE . active duty deferment periods counted public service loan 455(m) of the higher education act of 1965 DATE u.s.c. 1087e(m)) is by redesignating paragraphs ( 2 CARDINAL ) through as paragraphs ( 3 CARDINAL ) through (5), respectively; and in paragraph ( 1 CARDINAL ), in the matter preceding (a), by striking and and by inserting after paragraph ( 1 CARDINAL ) the active duty deferment 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00147 fmt 6652 sfmt 6201 in and subject to subparagraph (b), secretary shall deem each month DATE for which loan payment was in deferment under (f)(2) of this section or for which a loan was forbearance under section of title 34 CARDINAL , code of federal (or similar successor regulations), for borrower described in subsection (f)(2)(c) as the borrower of the loan had made a payment the purpose of public service loan under this subsection. apply only to eligible federal direct loans before the first day of fiscal year DATE in historically black and universities, tribal colleges and and minority-serving institutions 20041. institutional aid. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00148 fmt 6652 CARDINAL sfmt 6201 $113,738,000 MONEY , to remain available until 30, 2022 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(b)) in fiscal year 2022 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2023 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(b)) in fiscal year 2023 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2024 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(b)) in fiscal year 2024 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2025 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(b)) in fiscal year 2025 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2026 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(b)) in fiscal year 2026 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2022 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(c)) in fiscal year 2022 DATE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00149 fmt 6652 CARDINAL sfmt 6201 $113,738,000 MONEY , to remain available until 30, 2023 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(c)) in fiscal year 2023 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2024 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(c)) in fiscal year 2024 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2025 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(c)) in fiscal year 2025 DATE ; $ 113,738,000 MONEY , to remain available until 30, 2026 DATE , for carrying out section of the higher education act of 1965 DATE u.s.c. 1067q(b)(2)(c)) in fiscal year 2026 DATE ; $ 34,104,000 MONEY , to remain available until 30, 2022 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(i)) in fiscal year DATE $ 34,104,000 MONEY , to remain available until 30, 2023 DATE , for carrying out section of the higher education act of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00150 fmt 6652 CARDINAL sfmt 6201 DATE ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(i)) in fiscal year DATE $ 34,104,000 MONEY , to remain available until 30, 2024 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(i)) in fiscal year DATE $ 34,104,000 MONEY , to remain available until 30, 2025 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(i)) in fiscal year DATE $ 34,104,000 MONEY , to remain available until 30, 2026 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(i)) in fiscal year DATE $ 17,052,000 MONEY , to remain available until 30, 2022 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(ii)) in fiscal year DATE $ 17,052,000 MONEY , to remain available until 30, 2023 DATE , for carrying out section of the higher education act of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00151 fmt 6652 sfmt 6201 DATE ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(ii)) in fiscal year DATE $ 17,052,000 MONEY , to remain available until 30, 2024 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(ii)) in fiscal year DATE $ 17,052,000 MONEY , to remain available until 30, 2025 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(ii)) in fiscal year DATE $ 17,052,000 MONEY , to remain available until 30, 2026 DATE , for carrying out section of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(ii)) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2022 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iii) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2023 DATE , out of the higher education act of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00152 fmt 6652 sfmt 6201 DATE ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iii) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2024 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iii) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2025 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iii) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2026 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iii) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2022 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iv) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2023 DATE , out of the higher education act of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00153 fmt 6652 CARDINAL sfmt 6201 DATE ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iv) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2024 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iv) in fiscal year DATE $ 5,684,000 MONEY , to remain available until 30, 2025 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iv) in fiscal year DATE and $ 5,684,000 MONEY , to remain available until 30, 2026 DATE , out of the higher education act of ( 20 u.s.c QUANTITY . 1067q(b)(2)(d)(iv) in fiscal year DATE use of secretary shall use 15 CARDINAL of each of the amounts appropriated under ( 6 CARDINAL ) through ( 10 CARDINAL ) of subsection (a) to award 25 CARDINAL grants under section 371(b)(2)(c)(ii). 20042 CARDINAL . research and development competitive grant program. iii of the higher education act of 1965 DATE ( 20 1051 DATE et seq.) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00154 fmt 6652 sfmt 6201 by redesignating part g as part h; and by inserting after section 371 the following: research & infrastructure for minority- institutions 381 CARDINAL . improving research & development for minority-serving eligible this section, the means an institution is described in section 371(a); is a 4-year DATE institution; and is not an institution classified as very high activity by the carnegie classification of of higher education. authorization of grant planning secretary shall planning grants, on a competitive basis, to institutions to assist the eligible institutions in a strategic plan, assessing capacity, and out other activities to develop and submit application for an implementation grant under ( 2 CARDINAL ) to support research and development planning grants awarded under this shall be for a period of 1 to 2 years DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00155 fmt 6652 sfmt 6201 CARDINAL implementation shall award implementation grants, on a basis, to eligible institutions to assist the institutions in supporting research and infrastructure. implementation grants awarded this paragraph shall be for a period of 1 to years DATE . in planning eligible that desires to receive a planning under subsection (b)(1) shall submit an to the secretary. such application a description of the activities that be carried out with grant funds; and an assurance that the grant provided under subsection (b)(1) be used to supplement, and not other federal, state, tribal, and funds that would otherwise be to develop a plan, assess capacity, carry out other activities related to and development infrastructure. implementation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00156 DATE fmt 6652 CARDINAL sfmt 6201 in eligible that desires to receive an grant under subsection (b)(2) shall an application to the secretary. application shall a description of the projects will be carried out with grant and, in the case of an that was previously awarded a grant under the strategic plan developed as of such planning grant; a description of how such will support the research and infrastructure of the and an assurance that the funds provided under subsection shall be used to supplement, not supplant, other federal, tribal, and local funds that otherwise be expended to research and development 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00157 fmt 6652 sfmt 6201 eligible institution may to receive a grant under this section on behalf a consortium, which may include institutions as very high research activity by the carnegie of institutions of higher education, institutions of higher education, and other partners, philanthropic organizations, and partners, provided that the eligible is the lead member and fiscal agent of the requirement under section 391(b)(1 LAW ) not apply to grants awarded under this section. priority in awarding planning implementation grants under this section, the shall give priority to eligible institutions that meet of the following: received less than $10,000,000 MONEY for the fiscal year DATE for research and development all federal sources combined, except that, in case of an eligible institution being considered an implementation grant, the calculation of such shall not include a planning grant under section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00158 fmt 6652 CARDINAL sfmt 6201 in the case of eligible institutions being for an implementation grant, have a planning grant under this section and have and submitted to the secretary a high- strategic plan, in accordance with the of such planning grant. use of planning eligible that receives a planning grant under subsection shall use the grant funds to develop a plan, assess capacity, and carry out other to develop and submit an application for an grant to support research and infrastructure. in carrying out the activities such grant, each such eligible shall develop a high-quality strategic for improving institutional research and infrastructure that an assessment of the existing research capacity and research development infrastructure; and a detailed description of how and development provided by an implementation grant this section would be used to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00159 fmt 6652 CARDINAL sfmt 6201 CARDINAL institutional research capacity and research and development and in developing such strategic plan, work in partnership with entities described subsection (c)(2) to identify and secure non- funding to support research and infrastructure. implementation eligible that receives an implementation grant subsection (b)(2) shall use the grant funds to research and development infrastructure, shall include carrying out at least one CARDINAL of the activities: providing funding for a program paragraph ( 1 CARDINAL ), ( 2 CARDINAL ), or (9) of section or under paragraph ( 1 CARDINAL ), ( 2 CARDINAL ), or (8) of 503(b) related to research and infrastructure that is being carried out by eligible institution on the date on which the institution receives a grant under this providing for the improvement of existing on the date of the grant including deferred maintenance, or the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00160 fmt 6652 CARDINAL sfmt 6201 CARDINAL of new physical infrastructure, instructional program spaces, or research facilities relating to the fields science, technology, engineering, the arts, health, agriculture, education, law, and other disciplines. hiring and retaining faculty, research-related staff, or other personnel, research personnel skilled in using, or applying technology, equipment, devices used to conduct or support research. supporting research internships and graduate, and post-doctoral positions, may include providing direct student assistance to such students. creating new, or expanding existing, positions, including internships, and post-doctoral positions, in fields research for which research and development funds have been awarded under section. creating and supporting inter- and research centers (including and informal communities of practice) in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00161 fmt 6652 sfmt 6201 CARDINAL of research for which research and infrastructure funds have been awarded this section, including hiring staff, supplies and equipment, and funding to relevant conferences and seminars to the work of such centers. building new institutional support and departments that help faculty about, and increase faculty and student to, federal research and development funds and non-federal academic research building data and collaboration so that early findings and research be securely shared to facilitate peer review other appropriate collaboration. providing programs of study and in fields of research for which research development infrastructure funds have been under this section. paying operating and administrative for, and coordinating project with members of, a consortium described subsection (c)(2) on behalf of which the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00162 fmt 6652 CARDINAL sfmt 6201 CARDINAL institution has received a grant under this installing or extending the life and of basic systems and components of facilities related to research, including broadband to support digital and technology- learning. expanding, remodeling, renovating, altering biomedical and behavioral research existing on the date of the grant that receive support under section 404i LAW the public health service act ( 42 u.s.c QUANTITY . acquiring and installing furniture, and and technology for academic in campus facilities in fields of research for research and development infrastructure have been awarded under this section. providing increased funding to that support research and development the eligible institution that are funded by institutes of health, including the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00163 fmt 6652 sfmt 6201 to excellence and innovation program the national institutes of health. eligibility for individual be determined to be ineligible to receive benefits with grant funds awarded under this section direct student financial assistance) on the basis of alienage, or immigration status. in authority to planning grants under subsection shall expire at the end of fiscal year DATE and 2027 DATE . implementation grants under (b)(2) shall expire at the end of fiscal inapplicability of gepa contingent of 422 CARDINAL of the education provisions act ( 20 u.s.c QUANTITY . shall not apply to this section. addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 2,000,000,000 MONEY , to remain available until 30, 2028 DATE , for carrying out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00164 fmt 6652 sfmt 6201 20051. office of inspector general. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 35,000,000 MONEY , to remain available until for the office of inspector general of the of education, for salaries and expenses necessary for investigations, and audits of programs, grants, projects funded under this subtitle and sections 22101 22102 CARDINAL carried out by the office of inspector general. 20052 DATE . program administration funds. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 738,000,000 MONEY , to remain available until for necessary administrative expenses associated carrying out this subtitle and sections 22101 EVENT and 20053 DATE . student aid administration. addition to amounts otherwise available, there is to the department of education for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 91,000,000 MONEY , to remain available through 30, 2030 DATE , for student aid administration 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00165 fmt 6652 CARDINAL sfmt 6201 the department of education for necessary expenses associated with carrying out this subtitle. matters 21001 CARDINAL . department of labor. addition to amounts otherwise available, out of any in the treasury not otherwise appropriated, there appropriated to the department of labor for fiscal 2022 DATE , to remain available until september 30, 2026 DATE , following amounts: $ 195,000,000 MONEY to the employee benefits administration for carrying out enforcement $ 707,000,000 MONEY to the occupational safety health administration for carrying out standards development, whistleblower compliance assistance, funding for state and related activities within the occupational and health administration. $ 133,000,000 MONEY to the mine safety and administration for carrying out enforcement, setting, technical assistance, and related $ 405,000,000 MONEY to the wage and hour for carrying out activities. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00166 fmt 6652 CARDINAL sfmt 6201 $121,000,000 MONEY to the office of programs for carrying out activities the office relating to claims activity, policy and development, and monitoring of state compensation programs. $ 201,000,000 MONEY to the office of federal compliance programs for carrying out audit, enforcement, and compliance and other activities. $ 176,000,000 MONEY to the office of the solicitor carrying out necessary legal support for activities out by the office related to and in support the activities of those department of labor receiving additional funding in this section. 21002 DATE . national labor relations board ORG . addition to amounts otherwise available, out of any in the treasury not otherwise appropriated, there appropriated to the national labor relations board fiscal year 2022 DATE , $ 350,000,000 MONEY , to remain available september 30, 2026 DATE , for carrying out the activities the board, of which not more than $5,000,000 MONEY shall for the implementation of systems to conduct electronic for union representation elections. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00167 fmt 6652 sfmt 6201 21003 DATE . equal employment opportunity addition to amounts otherwise available, out of any in the treasury not otherwise appropriated, there appropriated to the equal employment opportunity for fiscal year 2022 DATE , $ 321,000,000 MONEY , to remain until september 30, 2026 DATE , for carrying out enforcement, outreach, and related activities. 21004 DATE . adjustment of civil penalties. occupational safety and health act of 17 CARDINAL of the occupational safety and health of 1970 DATE ( 29 u.s.c QUANTITY . 666) is in subsection by striking and inserting and by striking and inserting in subsection (b), by striking and and in subsection (d), by striking and fair labor standards act of of the fair labor standards act of 1938 DATE (29 u.s.c. is in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00168 fmt 6652 CARDINAL sfmt 6201 in clause (i), by striking inserting and in clause (ii), by striking inserting and in paragraph the first ORDINAL sentence, by striking and inserting and in the second ORDINAL sentence, by striking and inserting migrant and seasonal agricultural protection 503(a)(1 CARDINAL ) of the migrant seasonal agricultural worker protection act (29 1853(a)(1)) is amended by striking and effective amendments made by section shall take effect on january 1, 2022 DATE . 21005. civil monetary penalties for parity civil monetary penalties relating to in mental health and substance use 502(c)(10) of the employee retirement security act of 1974 DATE ( 29 u.s.c QUANTITY . 1132(c)(10)(a)) in the heading, by striking of and inserting of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00169 fmt 6652 sfmt 6201 CARDINAL information and parity in mental and substance use disorder and in subparagraph by striking plan sponsor of a health and inserting plan or plan administrator of a group health and by striking any and all follows through connection with the and inserting any failure by such administrator, or issuer, in connection the to meet the requirements of (a)(1)(f), (b)(3), (c), or (d) of 702 CARDINAL or section 701 CARDINAL or 702(b)(1) with to genetic information; or to meet the requirements of (a) of section 712 LAW with respect to in mental health and substance use exception to the general prohibition on 502 CARDINAL of such act ( 29 u.s.c QUANTITY . is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00170 fmt 6652 CARDINAL sfmt 6201 in subsection (a)(6), by striking inserting or and in subsection by striking (c)(9) and and and by striking subsection inserting subsections (c)(9) and and except with respect to by the secretary of section and by striking and inserting effective amendments made by (a) shall apply with respect to group health or any health insurance issuer offering health coverage in connection with such plan, for plan years DATE after the date that is 1 year DATE after the date of of this act. 21006 DATE . penalties under the national labor act. in 12 CARDINAL of the national labor act ( 29 u.s.c QUANTITY . 162 CARDINAL ) is by striking 12 CARDINAL . any and the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00171 DATE fmt 6652 CARDINAL sfmt 6201 12 DATE . penalties. with and by adding at the end the following: civil penalties for unfair labor employer who commits an unfair labor within the meaning of section 8(a LAW ) affecting commerce be subject to a civil penalty in an amount not to $ 50,000 MONEY for each such violation, except that, with to such an unfair labor practice within the of paragraph ( 3 CARDINAL ) or (4) of section 8(a LAW ) or such a of section 8(a LAW ) that results in the discharge of an or other serious economic harm to an employee, the shall double the amount of such penalty, to an not to exceed $ 100,000 MONEY , in any case where the has within the preceding 5 years DATE committed such violation of such paragraph ( 3 CARDINAL ) or ( 4 CARDINAL ) or such of section 8(a LAW ) that results in such discharge or serious economic harm. a civil penalty under this shall be in addition to any other remedy by the board. determining the amount any civil penalty under this section, the board shall the gravity of the actions of the employer in the penalty, including the impact of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00172 fmt 6652 sfmt 6201 on the charging party or on other persons to exercise rights guaranteed by this act; the size of the employer; the history of previous unfair labor or other actions by the employer resulting in a and the public interest. director and officer the determines, based on the particular facts and presented, that a director or personal is warranted, a civil penalty for a violation in this section may also be assessed against any or officer of the employer who directed or the violation, had established a policy that led to a violation, or had actual or constructive knowledge and the authority to prevent the violation and failed prevent the additional national labor act ( 29 u.s.c QUANTITY . 151 CARDINAL et seq.) is amended by after section 12 LAW ( 29 u.s.c QUANTITY . 162 CARDINAL ) the following: 12a DATE . additional penalties. civil penalties for additional employer who violates subsection (d) commerce shall be subject to a civil penalty in an not to exceed $ 50,000 MONEY for each such violation, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00173 fmt 6652 sfmt 6201 that, with respect to such a violation that results in discharge of an employee or other serious economic to an employee, the board shall double the amount such penalty, to an amount not to exceed $ 100,000 MONEY , any case where the employer has within the preceding years DATE committed another such violation of subsection (d) results in such discharge or other serious economic determining the amount any civil penalty under this section, the board shall the gravity of the actions of the employer in the penalty, including the impact of such on the charging party or on other persons to exercise rights guaranteed by this act; the size of the employer; the history of previous unfair labor or other actions by the employer resulting in a and the public interest. director and officer the determines, based on the particular facts and presented, that a director or personal is warranted, a civil penalty for a violation in this section may also be assessed against any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00174 fmt 6652 sfmt 6201 DATE or officer of the employer who directed or the violation, had established a policy that led to a violation, or had actual or constructive knowledge and the authority to prevent the violation and failed prevent the violation. shall be unlawful for an to promise, threaten, or take any to permanently replace an employee participates in a strike as defined by 501(2 CARDINAL ) of the labor management act, 1947 DATE ( 29 u.s.c QUANTITY . 142(2)); to discriminate against an employee is working or has unconditionally offered to to work for the employer because the supported or participated in such a or to suspend, or otherwise employment from employees in order influence the position of such employees or representative of such employees in bargaining prior to a strike; to communicate or misrepresent to an under section 2(3 LAW ) that such employee is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00175 fmt 6652 CARDINAL sfmt 6201 from the definition of employee under section to require or coerce an employee to attend participate in such campaign activities to the job duties, including that are subject to the requirements under 203(b) of the labor-management reporting disclosure act of 1959 DATE ( 29 u.s.c QUANTITY . 433(b)); or to violate subsection (e). collective in employer enter into or attempt to enforce any express or implied, whereby prior to dispute to which the agreement applies, an undertakes or promises not to pursue, join, litigate, or support any kind of class, or collective claim arising from or to the employment of such employee in forum that, but for such agreement, is of jurisdiction; coerce an employee into undertaking promising not to pursue, bring, join, litigate, support any kind of joint, class, or collective arising from or relating to the of such employee; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00176 fmt 6652 CARDINAL sfmt 6201 retaliate or threaten to retaliate an employee for refusing to undertake promise not to pursue, bring, join, litigate, support any kind of joint, class, or collective arising from or relating to the of such employee. subsection shall not to any agreement embodied in or expressly by a contract between an employer and a organization. provisions of section 10 11 CARDINAL shall apply to a violation of this section in the manner as such provisions apply to an unfair labor except an order under section 10 LAW with respect to violation of this shall require only that the person in violation pay a civil penalty under (a); and shall not include a requirement for a to cease and desist such violation or any of affirmative action other than the of such penalty; a petition under subsection (e) of section with respect to a violation of this section may be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00177 DATE fmt 6652 CARDINAL sfmt 6201 for enforcement of an order for the payment of civil penalty under subsection (a); a petition under subsection (f) of section with respect to a violation of this section may be for review of an order for the payment of such civil penalty; and a court under section 10 LAW may not grant form of relief, including temporary relief, a order, or any other form of injunctive for a violation of this section other than a to enforce, modify, or set aside in whole or in an order of the board imposing a civil penalty subsection (a) for a violation of this effective amendments made by section shall take effect on january 1, 2022 DATE . matters of labor 22001. dislocated worker employment and activities. in addition to amounts otherwise available, there is appropriated to the department labor for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 16,000,000,000 MONEY , to available until september 30, 2026 DATE , except that no 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00178 fmt 6652 sfmt 6201 may be expended after september 30, 2031 DATE , shall be reserved and allotted to states in with subsection (b)(2) of section 132 LAW of the innovation and opportunity act ( 29 u.s.c QUANTITY . 3172), and allocated to local areas in accordance with (a) and (b)(1)(b) of section 133 LAW of such act u.s.c. 3173), and reserved by such local areas as not less than 20 percent PERCENT shall be reserved carrying out the career services authorized under (c)(2) of section 134 LAW of the workforce and opportunity act ( 29 u.s.c QUANTITY . 3174 CARDINAL ) and access to the individualized career described in section 134(c)(2)(a)(xii LAW ) of such ( 29 u.s.c QUANTITY . 3174(c)(2)(a)(xii CARDINAL )). not less than 20 percent PERCENT shall be reserved carrying out the supportive services and the needs-related payments authorized under ( 2 CARDINAL ) and ( 3 CARDINAL ) of section 134(d) of the innovation and opportunity act ( 29 CARDINAL 3174(d)), except that for purposes of the under this paragraph the requirements of (b) and (c) of paragraph ( 3 CARDINAL ) of such shall not apply; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00179 fmt 6652 sfmt 6201 not less than 50 percent PERCENT shall be reserved carrying out the training of which, not less than 60 percent PERCENT be made available for individual training authorized under section 134(c)(3 LAW ) of workforce innovation and opportunity act u.s.c. 3174(c)(3 CARDINAL )). except that for purposes of providing jobs as part of those services under section, section 134(d)(5) of such act ( 29 3174(d)(5 CARDINAL )) shall be applied by for supplement not made to carry out this section shall be used to and not supplant other federal, state, and local funds expended to provide employment and training for dislocated workers, including funds provided the workforce innovation and opportunity act (29 3101 et seq.). 22002 DATE . adult worker employment and training in addition to amounts otherwise available, there is appropriated to the department labor for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 15,000,000,000 MONEY , to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00180 fmt 6652 CARDINAL sfmt 6201 available until september 30, 2026 DATE , except that no may be expended after september 30, 2031 DATE , shall be reserved and allotted to states in with subsection (b)(1) of section 132 LAW of the innovation and opportunity act ( 29 u.s.c QUANTITY . 3172), and allocated to local areas in accordance with (a) and (b)(1)(a) of section 133 LAW of such act u.s.c. 3173), and reserved by such local areas as not less than 20 percent PERCENT shall be reserved carrying out the career services authorized under (c)(2) of section 134 LAW of the workforce and opportunity act ( 29 u.s.c QUANTITY . 3174 CARDINAL ) and access to the individualized career described in section 134(c)(2)(a)(xii LAW ) of such ( 29 u.s.c QUANTITY . 3174(c)(2)(a)(xii CARDINAL )). not less than 10 percent PERCENT shall be reserved carrying out the supportive services and the needs-related payments authorized under ( 2 CARDINAL ) and ( 3 CARDINAL ) of section 134(d) of the innovation and opportunity act ( 29 CARDINAL 3174(d)). not less than 50 percent PERCENT shall be reserved carrying out the training 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00181 fmt 6652 sfmt 6201 of which, not less than 60 percent PERCENT be made available for individual training or contracts authorized under of 134(c)(3 CARDINAL ) of the workforce innovation and act ( 29 u.s.c QUANTITY . 3174(c)(3 CARDINAL )); and except that for purposes of providing worker training as part of those under this section, if such training is workers, of the workforce innovation shall be applied by for supplement not made to carry out this section shall be used to and not supplant other federal, state, and local funds expended to provide adult employment and activities, including funds provided under the innovation and opportunity act ( 29 u.s.c QUANTITY . et seq.). 22003 DATE . youth workforce investment activities. in addition to amounts otherwise available, there is appropriated to the department labor for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 9,054,000,000 MONEY , to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00182 fmt 6652 CARDINAL sfmt 6201 available until september 30, 2026 DATE , except that no may be expended after september 30, 2031 DATE , shall be reserved and allotted to states in with subparagraphs (b) and (c) of section 127(b)(1 LAW ) the workforce innovation and opportunity act ( 29 3162(b)(1 CARDINAL )), reserved and allocated to local areas accordance with subsections (a) and (b) of section 128 CARDINAL such act ( 29 u.s.c QUANTITY . 3163), and reserved by such local as follows: 25 percent PERCENT shall be reserved for carrying the youth workforce investment activities under section 129 LAW of the workforce innovation opportunity act ( 29 u.s.c QUANTITY . 3164 CARDINAL et seq.). 75 percent PERCENT shall be reserved to provide for in-school youth and out-of-school to participate in paid work experiences in subsection (c)(2)(c) of section 129 LAW of the innovation and opportunity act ( 29 3164 CARDINAL ). less than 20 percent PERCENT of made available under subsection (a) shall be used local areas to partner with community-based serving out-of-school youth to carry out activities in paragraphs ( 1 CARDINAL ) and ( 2 CARDINAL ) of subsection (a), those residing in high-crime or high-poverty areas. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00183 fmt 6652 sfmt 6201 CARDINAL supplement not made to carry out this section shall be used to and not supplant other federal, state, and local funds expended for youth workforce investment including funds provided under the workforce and opportunity act ( 29 u.s.c QUANTITY . 3101 CARDINAL et seq.). 22004. employment service. addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any money in the treasury ORG not appropriated, the following amounts, to remain until september 30, 2026 DATE , except that no amounts be expended after september 30 DATE , 2031 DATE $ 1,250,000,000 MONEY for carrying out the state activities authorized under section 7 of the act LAW ( 29 u.s.c QUANTITY . 49f), which shall be in accordance with section 6 CARDINAL of such act ( 29 49e DATE ), except that, for purposes of this funds shall also be provided to the of the northern mariana islands and samoa in amounts the secretary determines prior to the allotments being made in with section 6 CARDINAL of such act ( 29 u.s.c QUANTITY . 49d DATE ). $ 100,000,000 MONEY for carrying out to the workforce and labor market 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00184 fmt 6652 sfmt 6201 CARDINAL systems authorized under section 15 of the act LAW ( 29 u.s.c QUANTITY . 49l-2 CARDINAL ). 22005. re-entry employment opportunities. addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 3,600,000,000 MONEY , to remain available september 30, 2026 DATE , except that no amounts may expended after september 30, 2031 DATE , for carrying out activities, under the authority of section 169 LAW the workforce innovation and opportunity act (29 3224). not less than 25 percent PERCENT of such funds shall for competitive grants to national and regional for activities that prepare for employment of adults with criminal records, young adults who have justice system-involved, or young adults who have out of school or other educational programs, with priority for projects serving high-crime, high-poverty 22006 DATE . registered apprenticeships, youth in addition to amounts otherwise available, there is appropriated to the department labor for fiscal year 2022 DATE , out of any amounts in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00185 CARDINAL fmt 6652 CARDINAL sfmt 6201 not otherwise appropriated, $ 5,000,000,000 MONEY , to available until september 30, 2026 DATE , except that no may be expended after september 30, 2031 DATE , to out activities through grants, cooperative contracts or other arrangements, with states and appropriate entities, including equity intermediaries business and labor industry partner intermediaries, create or expand apprenticeship programs registered under act of august 16, 1937 DATE (commonly known as apprenticeship 50 CARDINAL stat. 664 CARDINAL , 663 CARDINAL ; 29 u.s.c QUANTITY . 50 CARDINAL et seq.); and youth apprenticeship programs and programs that articulate to programs described in paragraph ( 1 CARDINAL ). less than 50 percent PERCENT of the made available under section (a) shall be reserved entities serving a high number or high of individuals with barriers to employment defined in section 3 LAW of the workforce innovation opportunity act ( 29 u.s.c QUANTITY . 3102)), including with disabilities, or nontraditional populations; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00186 fmt 6652 CARDINAL sfmt 6201 CARDINAL youth apprenticeships or that articulate to such registered programs. 22007 DATE . community college and industry grants. this eligible term means an institution of higher (as defined in section 101 or 102(c LAW ) of the education act of 1965 DATE ( 20 u.s.c QUANTITY . 1001 DATE , including a tribal college or university defined in section 316 LAW of such act ( 20 u.s.c QUANTITY . or a consortium of such at which the highest degree awarded is associate degree; or an associate degree is predominant degree awarded; and that is working directly with an or sector partnership, or in the process of such partnership, to carry out a under this section. perkins cte terms and technical guidance academic , or concurrent and have the meanings given the terms 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00187 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 3 CARDINAL of the carl d. PERSON perkins career and education act of 2006 DATE ( 20 u.s.c QUANTITY . 2302). registered apprenticeship apprenticeship an apprenticeship registered under the act of 16, 1937 DATE (commonly known as the 50 CARDINAL stat. 664 CARDINAL , chapter 663 CARDINAL ; 29 50 CARDINAL et seq.). term means secretary of labor. wioa in terms industry sector or with a barrier to or sector education and and have the meanings given the terms in 3 CARDINAL of the workforce innovation and act ( 29 u.s.c QUANTITY . 3102). career term means services described in section of the workforce innovation and act ( 29 u.s.c QUANTITY . 3174(c)(2 CARDINAL )). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00188 fmt 6652 CARDINAL sfmt 6201 in addition to amounts otherwise available, there is appropriated to the department labor for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 2,000,000,000 MONEY , to available until september 30, 2026 DATE , except that no may be expended after september 30, 2031 DATE , to out this section. funds appropriated under (b) and not reserved under subsection (e), and the authority of section 169(b)(5 LAW ) of the workforce and opportunity act ( 29 u.s.c QUANTITY . 3224(b)(5 CARDINAL )), secretary shall award grants on a competitive basis eligible institutions for the purposes of expanding development and employment opportunities in high- high-wage, or in-demand industry sectors or to receive such a grant, an eligible institution shall to the secretary an application at such time, in manner, and containing such information as specified the secretary, including a description of the related recognized postsecondary credentials, and opportunities. use of grant eligible a grant under this section shall use such funds to expand opportunities for attainment 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00189 fmt 6652 sfmt 6201 recognized postsecondary credentials that are portable and stackable for high-skill, high- or in-demand industry sectors or occupations establishing, or scaling and programs, such as career and technical programs, career pathway programs, work-based learning programs (including of registered apprenticeships or pre- that articulate to registered creating, developing, or expanding agreements (as defined in section of the higher education act of 1965 DATE u.s.c. 1093a(a))), credit transfer corequisite remediation programs, dual concurrent enrollment programs, or policies processes to award academic credit for learning or career training programs by the funds described in subsection (c); making available open, searchable, and information on curriculum or postsecondary credentials, including those or developed using such funds, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00190 fmt 6652 CARDINAL sfmt 6201 on the related skills or competencies, related employment and earnings outcomes; establishing or implementing plans for of programs supported with such to be included on the eligible training provider list described in section 122(d) the workforce innovation and opportunity ( 29 u.s.c QUANTITY . 3152(d)); purchasing, leasing, or refurbishing equipment necessary to carry out education or career training programs by such funds; reducing or eliminating out-of-pocket related to cost of in the education or career training supported by such funds; or establishing or expanding industry or partnerships to successfully carry out the described (f). a grant under this section shall use not less 15 percent PERCENT of such grant funds to provide to help individuals with barriers to employment and successfully transition out of education 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00191 fmt 6652 CARDINAL sfmt 6201 career training programs supported by such which shall include providing supportive career services, career guidance and academic or job placement assistance. the amounts made under subsection (b), the secretary shall reserve not than 5 percent PERCENT targeted outreach to eligible institutions a high number or high percentage of individuals or individuals with barriers to and rural-serving eligible institutions, to guidance and assistance in the grant process under this section; administration of the program described in section, including providing technical assistance oversight to support eligible institutions consortia of eligible institutions); and evaluating and reporting on the and impact of programs funded under this supplement not to carry out this section shall be used to supplement not supplant other federal, state, and local public expended to support community college education career training programs. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00192 fmt 6652 CARDINAL sfmt 6201 22008. industry or sector partnership grants. in addition to amounts otherwise available, there is appropriated to the department labor for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 10,000,000,000 MONEY , to available until september 30, 2026 DATE , except that no may be expended after september 30, 2031 DATE , to out this section. amounts appropriated under (a) and not reserved under subsection (d), and the authority of section 169(b)(5 LAW ) of the workforce and opportunity act ( 29 u.s.c QUANTITY . 3224(b)(5 CARDINAL )), secretary shall award grants on a competitive basis eligible partnerships for the purposes of expanding development and employment opportunities for high-wage, or in-demand industry sectors or including information technology, clean energy, and entertainment, infrastructure and transportation, manufacturing, health care, public health, home and early childhood care and education. to receive a grant, an eligible partnership shall submit to the an application at such time, in such manner, containing such information as specified by the uses of eligible partnership such a grant under this section shall 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00193 fmt 6652 CARDINAL sfmt 6201 CARDINAL such grant funds to engage and regularly stakeholders in a collaborative structure to develop, improve, or expand training, and growth opportunities for the high- high-wage, or in-demand industry sector or on which such partnership is focused; not less than 50 percent PERCENT of such grant to directly provide, or arrange for the of, high-quality, evidence-based training for the high-wage, or in-demand industry sector occupation on which such partnership is focused, shall training services described any of subparagraph (d) of section 134(c)(3 LAW ) the workforce innovation and opportunity ( 29 u.s.c QUANTITY . 3174(c)(3 CARDINAL ))) provided through that meet the requirements of that 134(c)(3 CARDINAL ); or training provided through registered programs, youth apprenticeship, pre-apprenticeship programs that articulate apprenticeship programs, or joint labor-management partnerships; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00194 CARDINAL fmt 6652 sfmt 6201 establishing or implementing plans for of programs supported with such to be included on the eligible training provider list described in section 122(d) the workforce innovation and opportunity ( 29 u.s.c QUANTITY . 3152(d)). not less than 15 percent PERCENT of such grant to directly provide, or arrange for the of, services to help individuals with barriers to complete and successfully transition out training described in paragraph ( 2 CARDINAL ), which shall include career services, supportive services, the provision of needs-related payments under subsections (c)(2), (d)(2), and (d)(3) of 134 CARDINAL of the workforce innovation and act ( 29 u.s.c QUANTITY . 3174). in the amounts made under subsection (a), the secretary shall not more than 5 percent PERCENT targeted outreach and support to partnerships serving local areas with high rates or high percentages of with low incomes or individuals with to employment, to provide guidance 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00195 fmt 6652 CARDINAL sfmt 6201 assistance in the grant application process this section; administration of the program in this section, including providing technical assistance and oversight to eligible partnerships; and evaluating and reporting on the and impact of programs funded under section. state board or local board amounts made available under subsection (a), secretary shall reserve not less than 5 percent PERCENT provide direct assistance to state boards or local to support the creation or expansion of or sector partnerships in local areas with unemployment rates or high percentages of with low incomes or individuals with to employment, as compared to state or averages for such rates or percentages. supplement not made to carry out this section shall be used to and not supplant other federal, state, and local funds expended to support activities described in section. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00196 fmt 6652 CARDINAL sfmt 6201 eligible term an or sector partnership, shall include multiple representatives in each of clauses (i) through (iii) of (26)(a) of section 3 LAW of the innovation and opportunity act (29 3102); or a partnership of multiple entities in section 3(26 LAW ) of such act ( 29 u.s.c QUANTITY . and a state board or local board, is in the process of establishing an or sector partnership. perkins cte terms guidance and academic and have the meanings given the terms section 3 CARDINAL of the carl d. PERSON perkins career and education act of 2006 DATE ( 20 u.s.c QUANTITY . 2302). registered apprenticeship apprenticeship an apprenticeship registered under the act of 16, 1937 DATE (commonly known as the 50 CARDINAL stat. 664 CARDINAL , chapter 663 CARDINAL ; 29 50 CARDINAL et seq.). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00197 fmt 6652 sfmt 6201 term means secretary of labor. wioa terms industry sector or with a barrier to or sector and have the meanings given terms in section 3 LAW of the workforce innovation opportunity act ( 29 u.s.c QUANTITY . 3102). 22009 DATE . job corps. addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any amounts in the treasury ORG not appropriated, $ 1,500,000,000 MONEY , to remain until september 30, 2026 DATE , except that no amounts be expended after september 30, 2031 DATE , for the job program authorized under section 143 LAW of the innovation and opportunity act ( 29 u.s.c QUANTITY . 3193), improving and expanding access to allowances supports described in section 150 LAW of such act ( 29 3200 CARDINAL ), except that for the purposes of this section, areas as defined in section 3 LAW of such act ( 29 3102 DATE ) shall be considered eligible to receive funds this section. of such no than 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00198 fmt 6652 sfmt 6201 CARDINAL shall be reserved for construction, and acquisition of job corps centers. 22010 DATE . native american NORP programs. addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any amounts in the treasury ORG not appropriated, $ 450,000,000 MONEY , to remain available september 30, 2026 DATE , except that no amounts may expended after september 30, 2031 DATE , for the native programs authorized under the workforce and opportunity act. 22011. migrant and seasonal farmworker addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any amounts in the treasury ORG not appropriated, $ 450,000,000 MONEY , to remain available september 30, 2026 DATE , except that no amounts may expended after september 30, 2031 DATE , for the migrant seasonal farmworker programs authorized under innovation and opportunity act, except that, purposes of providing services under those programs low-income individuals under this section, section of such act ( 29 u.s.c QUANTITY . 3102(36)(a)(ii)(i CARDINAL )) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00199 fmt 6652 CARDINAL sfmt 6201 be applied by substituting percent of the for poverty 22012 DATE . youthbuild program. addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any amounts in the treasury ORG not appropriated, $ 500,000,000 MONEY , to remain available september 30, 2026 DATE , except that no amounts may expended after september 30, 2031 DATE , for the youthbuild authorized under the workforce innovation and act ( 29 u.s.c QUANTITY . 3226), including for the of improving and expanding access to services, wages, and benefits described subsections and (c)(2)(f) of section 171 LAW of such act. 22013. senior community service employment addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any amounts in the treasury ORG not appropriated, $ 100,000,000 MONEY , to remain available september 30, 2026 DATE , except that no amounts may expended after september 30, 2031 DATE , for the senior service employment program authorized title v of the older americans LAW act ( 42 u.s.c QUANTITY . 3056 seq.). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00200 CARDINAL fmt 6652 CARDINAL sfmt 6201 22014 DATE . program administration. addition to amounts otherwise made available, is appropriated to the department of labor for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 720,000,000 MONEY , to remain available until 30, 2028 DATE , except that no amounts may be after september 30, 2031 DATE , for program within the department of labor for salaries and necessary to implement this part, parts 3 CARDINAL and and section 22402 DATE of part 5 CARDINAL of this subtitle, including management, legal, or other support necessary to such parts or section. of education 22101 CARDINAL . adult education and literacy. in addition to amounts otherwise available, there is appropriated to the department education for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 3,600,000,000 MONEY , remain available until september 30, 2028 DATE , to carry out ii of the workforce innovation and opportunity act u.s.c. 3101 CARDINAL et seq.), which shall be reserved, and and allotted to eligible agencies in accordance with (a), (b), and (c) of section 211 LAW of such act, respect to each eligible that receives funds appropriated by this section, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00201 fmt 6652 sfmt 6201 each fiscal year for which such eligible agency receives funds, section 222(a)(1) of the workforce innovation opportunity act ( 29 u.s.c QUANTITY . 3302(a)(1 CARDINAL )) the shall be by substituting less than 10 CARDINAL for more than 20 22102. career and technical education. in addition to amounts otherwise available, there is appropriated to the department education for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, the following to remain available until september 30, 2028 DATE : $ 3,000,000,000 MONEY for carrying out career and education programs authorized under 124 and section 135 DATE of the carl d. PERSON perkins and technical education act of 2006 DATE ( 20 2301 DATE et seq.), which shall be allotted in with section 111 LAW and section 112 CARDINAL of such ( 20 u.s.c QUANTITY . 2321, 2322 DATE ), except that subsection of section 112 LAW of such act ( 20 u.s.c QUANTITY . 2322) not apply. $ 1,000,000,000 MONEY for carrying out the and modernization program described in of section 114 LAW of the carl d. PERSON perkins and technical education act of 2006 DATE ( 20 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00202 fmt 6652 CARDINAL sfmt 6201 2324(e)), except that for purposes of this the 20 percent PERCENT limitation in paragraph of such subsection, and paragraph ( 2 CARDINAL ) of subsection, shall not apply; and eligible agencies (as defined in section of such act) shall be eligible to receive grants section 114(e) of such act. supplement not made to carry out this section shall be used to and not supplant other federal, state, and local funds expended for career and technical education including the funds provided under the carl d. career PERSON and technical education act of 2006 DATE ( 20 2301 DATE et seq.). integrated transformation grant program 22201 DATE . competitive integrated employment grant program. in addition to amounts otherwise available, there is appropriated to the department labor, $ 300,000,000 MONEY for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to available until expended, for the secretary of labor to in this section as the to award 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00203 fmt 6652 sfmt 6201 to states in accordance with this section to assist in such states who were issued special under section 14(c) of the fair labor standards act 1938 DATE (29 u.s.c. 214(c)) in transforming (or continuing transform) their business and program models from employment using special certificates to and program models that employ and support people disabilities in competitive integrated employment and cover any administrative costs associated with such reservations and allotments; duration of in secretary shall 10 percent PERCENT of the amount by subsection (a) to award grants, accordance to clause (ii), to states in subsection (c)(3) that submit an under subsection (c) meeting applicable requirements of such allotment shall allot grants to each state 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00204 fmt 6652 CARDINAL sfmt 6201 clause (i) a grant in an amount that the same relationship to the total reserved under clause (i) as the of the state bears to the total of all states described in such national technical assistance secretary shall use 2 percent PERCENT of amounts appropriated in subsection (a) to either directly or through grants, or cooperative agreements, a national assistance center to provide technical to employers who are transforming employing people with disabilities using certificates to providing competitive employment and to collect and evidence-based practices with respect to transformations and in providing integrated employment and integrated allotments to covered 15 CARDINAL or more covered in the case that, as a date determined appropriate by the there are 15 CARDINAL or more covered 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00205 DATE fmt 6652 CARDINAL sfmt 6201 the secretary shall allot to each state a grant in an amount equal to sum of the allotted to such state under (ii) and (iii). allotment based on number employees under special the total amount that is 70 CARDINAL of the funds appropriated under (a) and not reserved under (1), the secretary shall allot to covered state an amount that bears same relationship to such total amount the number of people with disabilities are employed under a special in the covered state bears to the total of people with disabilities who are under a special certificate in all states. allotment based on with special total amount that is 30 percent PERCENT of the appropriated under subsection (a) not reserved under paragraph ( 1 CARDINAL ), the shall allot to each covered state amount that bears the same 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00206 fmt 6652 sfmt 6201 to such total amount as the number employers in the covered state who have effect a special certificate bears to the number of employers in all covered who have in effect such a 14 CARDINAL or fewer covered case that, as of the date determined by the secretary under subparagraph there are fewer than 15 CARDINAL covered states, the shall award grants to each covered on a competitive basis in an amount that secretary determines necessary to the purpose of the grant described in (a). covered this subsection, term means a state not described subsection and submits an application under (c) that meets the applicable under such subsection. duration of grant under section shall be awarded for a period of DATE 5 years DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00207 PRODUCT fmt 6652 CARDINAL sfmt 6201 CARDINAL secretary may not issue a under this subsection after september 30 DATE , in be eligible to receive a under this section, a state shall submit an to the secretary at such time, in such and including such information as the secretary reasonably require. the case of a state not in paragraph ( 3 CARDINAL ), an application submitted paragraph ( 1 CARDINAL ) shall a description of the status of the the state providing employment special certificates, which may the number of employers in the using special certificates to employ pay people with disabilities; the number of employees in the employed under a special certificate; the average number of hours TIME such work per week; and the average hourly TIME wage for such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00208 DATE fmt 6652 sfmt 6201 a description of activities to be funded the grant, and the goals of such including the activities of the state with to competitive integrated employment people with disabilities; and assurances the activities carried out under the will, by not later than the end of the grant period, result each employer in the state ceasing to use special by the end of the 5-year DATE period and no longer applying or renewing such certificates; or in the case of an employer in state that, as of the date of of this act, provides employment special certificates, the transforms its business program models as described subsection ( d)(1)(a GPE ); or ceases providing employment services for with disabilities; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00209 fmt 6652 sfmt 6201 each individual in the state who is under a special certificate on or the date of enactment will be in competitive integrated or a combination of competitive employment and integrated services, by compensating all employees of employer for all hours TIME worked at a rate not less than the higher of rate specified in section 6(a)(1 LAW ) of fair labor standards act of ( 29 u.s.c QUANTITY . 206(a)(1)) or the specified in the applicable state local minimum wage law, or the prevailing wage rate under service act ( 41 u.s.c QUANTITY . 6701 CARDINAL et seq.); not less than the rate paid the employer for the same or work performed by other who are not people with and who are similarly situated in occupations by the same 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00210 fmt 6652 sfmt 6201 and who have similar training, and skills; and the state will establish an council described in subsection (e) to and guide the process of business and program models of in the state as described in (d)(1)(a). applications for states receiving from the case of a that, as of the date of enactment of this act, determined by the secretary to have phased out to be in the process of phasing out the use of certificates in the state, an application under subsection from such state shall include only information described in paragraph ( 2)(b CARDINAL ). use of in the case of a state not in paragraph ( 2 CARDINAL ), such state shall use the funds for each of the following activities: identifying each employer in the state will transform its business and program from employing people with disabilities special certificates to employing people disabilities in competitive integrated 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00211 DATE fmt 6652 CARDINAL sfmt 6201 settings, or a setting involving a of competitive integrated employment integrated services. implementing a service delivery to support people with disabilities who been employed under special certificates such a transformation, including enhanced integrated services to support with the most significant disabilities. expanding competitive integrated and integrated services to be provided such people as a result of transformations in subparagraph (a). states receiving amount from state that, as of the date of of this act, is determined by the secretary to phased out or to be in the process of phasing the use of special certificates in the state, shall the grant funds for expansion of competitive employment and integrated services to be to people with disabilities. members of the advisory state a grant under this section shall, for the purpose in subsection ( c)(2)(c)(iii PERSON ), establish an advisory composed of the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00212 fmt 6652 sfmt 6201 people with disabilities, including people intellectual or developmental disabilities and with mental health disabilities, who are or employed under a special certificate, who shall not less than 25 percent PERCENT of the members such advisory council. family members of a person with an developmental, or mental health disability is or was employed under a special certificate is employed in competitive integrated employment. certificates. an employer providing competitive an employer providing employment under representatives of relevant state agencies expertise in competitive integrated employment, organizations with such expertise, and related offices and groups with such 22202 DATE . definitions. this part: term integrated has the meaning given such term in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00213 fmt 6652 CARDINAL sfmt 6201 of the rehabilitation act of 1973 DATE ( 29 u.s.c QUANTITY . employee; terms and have the meanings given terms in section 3 LAW of the fair labor standards of 1938 DATE ( 29 u.s.c QUANTITY . 203 CARDINAL ). integrated community participation wraparound services; integrated terms community and wraparound or mean services for people with disabilities that designed to assist such people in skills and abilities to reside successfully home and community-based settings; provided in accordance with a person- written plan of care; created using evidence-based practices lead to such maintaining competitive integrated achieving independent living; or maximizing socioeconomic self- optimal independence, and full in the community; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00214 fmt 6652 sfmt 6201 provided in a community location that not specifically intended for people with provided in a location allows the people receiving the to interact with people without to the fullest extent possible; and makes it possible for the people the services to access community that are not specifically intended people with disabilities and to have the opportunity to participate in the as people who do not have a and provided in multiple locations to allow individual receiving the services to have optimizing individual initiative, and independence; and facilitating choice regarding and supports, and choice regarding the of such services. people with term with includes individuals 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00215 fmt 6652 CARDINAL sfmt 6201 CARDINAL in section 14(c)(1) of the fair labor act of 1938 DATE ( 29 u.s.c QUANTITY . 214(c)(1 CARDINAL )). term has the given the term in section 3 LAW of the fair labor act of 1938 DATE ( 29 u.s.c QUANTITY . 203 CARDINAL )). education and retention, and career for the direct care workforce 22301 DATE . definitions. this part: cte terms and have the given such terms in section 3 LAW of the carl d. career PERSON and technical education act of ( 20 u.s.c QUANTITY . 2302). wioa terms with a to and have the given such terms in section 3 LAW of the innovation and opportunity act ( 29 u.s.c QUANTITY . other 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00216 fmt 6652 CARDINAL sfmt 6201 career and technical education term and technical has the meaning given the term in section 3 LAW of the 3 CARDINAL of the d. NORP perkins career and technical act of 2006 DATE ( 20 u.s.c QUANTITY . 2302). direct care term care a direct support professional; any worker who provides direct services in home or community-based a respite care provider who short-term support and care to an in order to provide relief to a caregiver; a palliative care worker; a direct care worker, as defined in 799b PRODUCT of the public health service ( 42 u.s.c QUANTITY . 795p); or an individual in any other position job related to those described in clauses through (vi), as determined by the in consultation with the secretary of and human services acting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00217 fmt 6652 sfmt 6201 the administrator for the for community living. eligible term means an entity that a state; a labor organization, a joint labor- organization, or a training and education fund; a nonprofit organization with in aging, disability, supporting the and interests of direct care workers, training or educating direct care an indian NORP tribe or tribal (as defined in section 4 LAW of the self-determination and education act ( 25 u.s.c QUANTITY . 5304)); an urban indian NORP organization (as in section 4 LAW of the indian NORP health improvement act ( 25 u.s.c QUANTITY . 1603)); a state board or local board; an area agency on aging (as in section 102 LAW of the older act of 1965 DATE ( 42 u.s.c QUANTITY . 3002)); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00218 fmt 6652 CARDINAL sfmt 6201 when in partnership with an described in any of clauses (i) through an institution of higher (as defined in section 101 LAW of higher education act of 1965 DATE (20 1001) or section 102(a)(1)(b) or a career and technical school; or a consortium of entities listed in of clauses (i) through (vii). family term means a paid or unpaid adult member or other individual who has a relationship with, and who provides broad range of assistance to, an individual a chronic or other health condition, or functional limitation. home and community-based term and community-based has the meaning given such term in 9817(a)(2 CARDINAL ) of the american NORP rescue act of 2021 DATE (public law 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00219 DATE fmt 6652 CARDINAL sfmt 6201 person with a with a means an with a disability as defined in section 3 LAW the americans NORP with disabilities act of 1990 DATE u.s.c. 12102 DATE ). pre-apprenticeship means a that articulates to a registered program. registered apprenticeship term apprenticeship means an apprenticeship program under the act of august 16, 1937 DATE known as the 50 CARDINAL stat. 664 CARDINAL , chapter 663 CARDINAL ; 29 50 CARDINAL et seq.). term the secretary of labor. term means of the 50 CARDINAL states of the united states GPE , the of columbia, the commonwealth ORG of rico LOC , american samoa ORG , guam, the states virgin islands, and the of the northern mariana islands. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00220 fmt 6652 sfmt 6201 22302 DATE . grants to support the direct care grants addition to amounts available, there is appropriated to the secretary fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 1,480,000,000 MONEY , to remain until september 30, 2031 DATE , for awarding, on a basis, grants to eligible entities to carry out activities described in subsection (c) with respect to care workers. applications; award in eligible entity a grant under subsection (a) shall submit to secretary an application at such time, in manner, and containing such information the secretary, in coordination with the of health and human services acting the administrator of the for community living, may require. application under (a) shall a description of the type or types direct care workers the entity plans to through the activities supported by grant; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00221 fmt 6652 CARDINAL sfmt 6201 a description of the one CARDINAL or more partnering entities collaborating to out the activities described in (c); an assurance the eligible entity will a consultative process, as in subsection (c)(2); and the eligible entity will consult the implementation of the grant, or the activities of the grant, the agencies in the state that are developmental aging, development, and medicaid ORG , the extent that each such entity is the eligible entity; and a plan for ensuring that the entity will remain neutral in any effort involving direct care workers by the grant who seek to form, join, assist a labor organization. awarding grants subsection (a), the secretary, in coordination the secretary of health and human services 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00222 fmt 6652 sfmt 6201 through the administrator of the for community living, shall ensure equitable diversity in distribution of the grants, by selecting recipients in rural areas and recipients in urban areas. duration of grant awarded this section shall be for a period of DATE 3 years DATE , may be renewed. the secretary, in coordination the secretary of health and human services through the administrator of the for community living, shall award grants any renewals) under this section in 3-year DATE subject to the limits set forth in subsection use of in required use of entity receiving a grant under subsection shall use the grant funds to provide wages, benefits, and other supportive including transportation, child care, care, workplace accommodations, workplace health and safety protections, to direct care workers served by the grant that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00223 CARDINAL fmt 6652 CARDINAL sfmt 6201 necessary to enable such workers to in the activities supported by the grant. additional addition the requirement described in subparagraph each eligible entity receiving a grant under (a) shall use the grant funds for one CARDINAL more of the following activities: developing and implementing a for the recruitment of direct care developing and implementing a for the retention of direct care using evidence-based best such as providing mentoring to such developing or implementing an and training program for the care workers served by the grant, shall education and training the rights of direct care under applicable state, or local employment 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00224 fmt 6652 sfmt 6201 wages and hours, under the fair standards act of ( 29 u.s.c QUANTITY . 201 CARDINAL et safe working including under the safety act of 1970 DATE ( 29 651 CARDINAL et seq.); forming, joining, assisting a labor including under the labor relations ( 29 u.s.c QUANTITY . 153 CARDINAL et seq.); other applicable and conditions of and relevant federal and laws (including regulations) the provision of home and services; and providing a progressively clearly defined schedule of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00225 fmt 6652 sfmt 6201 wages to be paid to each direct worker served by the grant for hour TIME the worker spends on or training provided through program described in this clause, a schedule of hourly TIME wages is consistent with skill gains or attainment a recognized postsecondary received as a result of in or completion of education or training and ensures that each such is compensated for each the worker spends on or training through such at an entry rate that is less than the greater of the minimum wage by other applicable state, or local law, or a bargaining agreement; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00226 fmt 6652 sfmt 6201 a strategy for the retention career advancement of the direct workers served by the grant, providing career planning for direct care workers served by the to support the identification of opportunities, and career in the direct care or home sectors; and using evidence-based models standards for achievement for the of any associated postsecondary credentials, which supporting to participate in or registered programs, work-based or on-the-job training; providing on-the-job or mentoring to support development of related skills 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00227 fmt 6652 CARDINAL sfmt 6201 of such credentials; training on the skills and competencies of care workers served by the including the provision of competent and competent supports and eligible entity a grant under this section shall consult in development and implementation of the grant individuals with disabilities; older individuals; direct care workers; family caregivers, guardians, or family or representatives organizations and interests of people receiving and community-based services; provider agencies or employers of care workers served by the grant; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00228 fmt 6652 sfmt 6201 CARDINAL labor or joint labor-management or advocacy organizations, direct care workers served by grant; or institutions of higher education or and technical education schools education and training on direct supplement and not eligible receiving a grant under this section shall use such only to supplement, and not supplant, the amount funds that, in the absence of such grant, would be to the eligible entity to address the recruitment, and training, retention, or career advancement of care workers in the state served by the grant. development in support of communities and 22401 DATE . corporation for national and environment service. in americorps state and national in addition to amounts made available, there is appropriated 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00229 fmt 6652 CARDINAL sfmt 6201 fiscal year 2023 DATE , out of any money in the not otherwise appropriated, to the for national and community $ 1,305,000,000 MONEY , to remain available until 30, 2027 DATE , for carrying out national programs authorized under section of the national and community u.s.c. which shall be used to make adjustments to existing (as of the date enactment of this act) awards and make new to entities to support national service authorized under the americorps and national program (whether or not entities are already grant recipients under provisions on the date of enactment of this and to increase the living allowances of in national service programs. waiver of matching the purposes of carrying out this the corporation shall waive any requirement in whole or in part where a demonstrates such waiver would access and remove barriers for that serve communities that are adversely 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00230 fmt 6652 sfmt 6201 by persistent poverty, discrimination, inequality. national civilian community ORG addition to amounts otherwise made available, is appropriated for fiscal year 2023 DATE , out of any in the treasury not otherwise appropriated, the corporation for national and community $ 80,000,000 MONEY , to remain available until 30, 2027 DATE , for carrying out the national community corps authorized under section 152 LAW the national and community service act of 1990 DATE u.s.c. 12612 DATE ). volunteers in service to america GPE addition to amounts otherwise made there is appropriated for fiscal year 2023 DATE , of any money in the treasury not otherwise to the corporation for national and service, $ 100,000,000 MONEY , to remain until september 30, 2027 DATE , for carrying out the in service to america GPE (vista) program the purposes described in section 101 LAW of the volunteer service act of 1973 DATE ( 42 u.s.c QUANTITY . including to increase the living allowances of described in section 105(b) of such act u.s.c. 4955). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00231 fmt 6652 CARDINAL sfmt 6201 CARDINAL state addition otherwise made available, there is for fiscal year 2023 DATE , out of any money in the not otherwise appropriated, to the for national and community service, to remain available until september 2027 DATE , to make adjustments to existing (as of the of enactment of this act) awards and new and awards, including awards to state on national and community service, under 126(a) of the national and community act of 1990 DATE ( 42 u.s.c QUANTITY . 12576(a)). use of made available paragraphs ( 1 CARDINAL ) through (4) shall be used by corporation for national and community to carry out activities described section of the national and community act of 1990 DATE ( 42 u.s.c QUANTITY . 12572(a)(3)(b)) and for related to environmental resiliency, or mitigation ensuring at least 50 percent PERCENT of such are awarded to entities that serve, and representation from, low-income tribal, alaska native PERSON , or native communities, or communities experiencing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00232 fmt 6652 CARDINAL sfmt 6201 at risk of experiencing) adverse health and conditions; taking into account the diversity of served by such entities and the of americorps members serving in these including racial, ethnic, socioeconomic, or geographic diversity, and utilizing competent and multilingual strategies the provision of services to communities and the recruitment of members; supporting projects that are planned implemented with the community served by activities; providing participants with workforce opportunities such as programs that articulate to registered and pathways to post-service in high-quality jobs or registered and coordinating with and providing to the departments of labor and to improve the readiness of participants transition to high-quality jobs or further administrative 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00233 fmt 6652 CARDINAL sfmt 6201 in addition to amounts made available, there is appropriated for year 2022 DATE , out of any money in the treasury ORG not appropriated, to the corporation for and community service, $ 199,650,000 MONEY , to available until september 30, 2027 DATE , which be used for administrative expenses as provided section 501(a)(5 LAW ) of the national and service act of 1990 DATE ( 42 u.s.c QUANTITY . 12681(a)(5)) under section 504(a) of the domestic volunteer act of 1973 DATE ( 42 u.s.c QUANTITY . 5084(a)), including evaluation of the information security, corrective actions to address arising from audits of the agency and national service trust, and, in consultation with inspector general, the development of grant prevention and detection controls and risk- anti-fraud grant monitoring. not less than 5 of funds under this paragraph shall be for outreach to and recruitment of members communities traditionally underrepresented in programs and activities funded under this project, operations, and management addition to amounts otherwise made 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00234 fmt 6652 sfmt 6201 there is appropriated for fiscal year 2022 DATE , of any money in the treasury not otherwise to the corporation for national and service, $ 350,000 MONEY , to remain available september 30, 2023 DATE , which shall be used by chief executive officer of the corporation for and community service in collaboration the department of labor, to develop, issue, and a project, operations, and management for funds appropriated under this section. in the financial management portion of the the chief executive officer shall consult with inspector general. such plan shall be provided the committee on education and labor of the of representatives and the committee on education, labor, and pensions of the prior to obligating funds or making outlays for appropriated under subsection (a). office of inspector addition amounts otherwise made available, there is for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, to the office of general of the corporation for national and service, $ 15,000,000 MONEY to remain available until 30, 2030 DATE , which shall be used by the office 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00235 fmt 6652 CARDINAL sfmt 6201 inspector general of the corporation for national and service for salaries and expenses necessary for and audit of programs, activities and operations under this section. national service addition to otherwise made available, there is appropriated fiscal year 2023 DATE , out of any money in the treasury otherwise appropriated, to the national service trust, to remain available until expended, administration of the national service and payment to the trust for the provision of awards pursuant to section 145(a)(1)(a CARDINAL ) section 148 LAW of the national and community act of 1990 DATE ( 42 u.s.c QUANTITY . 12601(a)(1)(a DATE ); 22402 DATE . department of labor. in youthbuild addition to otherwise made available, there is for fiscal year 2023 DATE , out of any money in the not otherwise appropriated, to the of labor, $ 250,000,000 MONEY , to remain available september 30, 2027 DATE , except that no amounts be expended after september 30, 2031 DATE , for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00236 fmt 6652 CARDINAL sfmt 6201 CARDINAL program authorized under of the workforce innovation and act ( 29 u.s.c QUANTITY . 3226(c)(1)), including for the of improving and expanding access to stipends, wages, and benefits described in (c)(2)(a)(vii) and (c)(2)(f) of section 171 LAW such act. job corps addition to otherwise made available, there is for fiscal year 2023 DATE , out of any money in the not otherwise appropriated, to the of labor, $ 500,000,000 MONEY , to remain available september 30, 2030 DATE , except that no amounts be expended after september 30, 2031 DATE , for the corps program authorized under section 143 LAW of workforce innovation and opportunity act ( 29 3193 CARDINAL et seq.), including civilian conservation as described in section 147(d)(1 LAW ) of such ( 29 u.s.c QUANTITY . 3197) and for the purposes of and expanding access to allowances and described in section 150 LAW of such act ( 29 3200 CARDINAL ). ex-offender addition to otherwise made available, there is for fiscal year 2023 DATE , out of any money in the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00237 CARDINAL fmt 6652 sfmt 6201 not otherwise appropriated, to the of labor, $ 500,000,000 MONEY , to remain available september 30, 2027 DATE , except that no amounts be expended after september 30, 2031 DATE , for ex- activities under the authority of section of the workforce innovation and act ( 29 u.s.c QUANTITY . 3224(b)(5 CARDINAL )). apprenticeship addition amounts otherwise made available, there is for fiscal year 2023 DATE , out of any money in the not otherwise appropriated, to the of labor, $ 1,000,000,000 MONEY , to remain available september 30, 2027 DATE , except that no amounts be expended after september 30, 2031 DATE , to carry activities through grants, cooperative contracts or other arrangements, with states other appropriate entities, equity and business and labor industry intermediaries, to create or expand only programs registered under the act of 16, 1937 DATE (commonly known as the 50 CARDINAL stat. 664 CARDINAL , chapter 663 CARDINAL ; 29 50 CARDINAL et seq.), youth apprenticeship programs, pre-apprenticeship programs articulating to programs registered under such act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00238 fmt 6652 sfmt 6201 paid youth employment to amounts otherwise made available, there appropriated for fiscal year 2023 DATE , out of any in the treasury not otherwise appropriated, the department of labor, $ 249,800,000 MONEY , to available until september 30, 2030 DATE , except no amounts may be expended after september 2031 DATE , for paid youth employment activities the authority of section 169(b)(5 LAW ) of the innovation and opportunity act ( 29 3224(b)(5 QUANTITY )) for in-school and out-of-school as defined in section 3 LAW of such act ( 29 u.s.c QUANTITY . use of made available under ( 1 CARDINAL ) through (8) of subsection (a) shall be used activities to include training for careers in industry and occupations related to environmental remediation, or mitigation and activities to increase within such industry sectors and occupations, into account the diversity of communities and served by such programs, including racial, ethnic, linguistic, or geographic diversity. project, operations, and management addition to amounts otherwise made available, is appropriated for fiscal year 2022 DATE , out of any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00239 fmt 6652 CARDINAL sfmt 6201 in the treasury not otherwise appropriated, to the of labor, $ 200,000 MONEY , to remain available until 30, 2023 DATE , which shall be used by the secretary labor in collaboration with the chief executive officer the corporation for national and community service, develop and issue a project, operations, and plan for funds appropriated under this section. such shall be provided to the committee on education and of the house of representatives and the committee health, education, labor, and pensions of the senate ORG to obligating funds or making outlays for funds under subsection (a). of labor inspector funding 22501. department of labor inspector general addition to amounts otherwise available, there is to the office of inspector general of the of labor for fiscal year 2022 DATE , out of any money treasury to remain available until expended for and expenses necessary for oversight, investigations, audits of programs, grants, and projects of the of labor funded under this subtitle and subtitle of this title. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00240 fmt 6652 CARDINAL sfmt 6201 care and pre-kindergarten 23001. birth through five CARDINAL child care and early entitlement. short section may be cited as the through five CARDINAL child care and early learning in definitions in section of the child care and development block act of 1990 DATE ( 42 u.s.c QUANTITY . 9858n) shall apply to section, except as provided in subparagraph ( 2 CARDINAL ) as otherwise specified. additional this section: child care in term means a certificate (that be a check or other disbursement) is issued by a state or local under this section directly to a who may use such certificate only as for child care services or as a for child care services if such a is required of other children being for by the provider. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00241 fmt 6652 CARDINAL sfmt 6201 in this section preclude the use of such certificates sectarian child care services if freely by the parent. for the purposes of section, child care certificates shall be federal financial assistance to provider. child experiencing term experiencing means an individual who is a homeless or youth under section 725 LAW of the homeless assistance act (42 u.s.c. eligible term with respect to a parent, shall at minimum, activities consisting full-time or part-time employment; self-employment; job search activities; job training; secondary, postsecondary, or adult including education through a of high school classes, a course of at an institution of higher education, towards an equivalent of a high 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00242 fmt 6652 CARDINAL sfmt 6201 CARDINAL diploma recognized by state law, or as a second ORDINAL language classes; health treatment (including health and substance use treatment) for condition that prevents the parent from in other eligible activities; activities to prevent child abuse neglect, or family violence prevention intervention activities; employment and training under the supplemental nutrition program established under the and nutrition act of 2008 DATE (7 u.s.c. et seq.); employment and training under the workforce innovation and act ( 29 u.s.c QUANTITY . 3101) work activities under the program block grants to states for temporary for needy families under part a of iv of the social security act ( 42 601 CARDINAL et seq.); and taking leave under the family medical leave act of 1993 DATE (29 u.s.c. et seq.) (or equivalent provisions for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00243 fmt 6652 CARDINAL sfmt 6201 employees), a state or local paid unpaid leave law, or a program of leave. eligible term means an individual (without regard to immigration status of the individual or of parent of the who is less than 6 years of age DATE ; who is not yet in kindergarten; whose family does not exceed 100 percent PERCENT the state median income for a of the same size for fiscal year 2023 DATE ; does not exceed 115 percent PERCENT such state median income for fiscal does not exceed 130 percent PERCENT such state median income for fiscal 2024 DATE ; and for each of the fiscal years through 2027 DATE , is of any level; whose family assets do not exceed (as certified by a member of family); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00244 fmt 6652 sfmt 6201 resides with a parent in an eligible activity; is included in a population of children identified by the agency involved, which at a shall include children homelessness, children in foster children in kinship care, and who are receiving, or need to child protective services; or resides with a parent who is than 65 years of age. eligible child care in term care means a center-based care provider, a family child care or other provider of child care for compensation is licensed to provide child services under state law; participates in the system for measuring the of child care providers described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00245 fmt 6652 CARDINAL sfmt 6201 not later than the last of the third fiscal year DATE for the state receives funds this section; and for the remainder of period for which the provider funds under this section; satisfies the state and local applicable eligible care providers under the child and development block grant of 1990 DATE ( 42 u.s.c QUANTITY . 9857 et seq.), in section 658e(c)(2)(i) of act ( 42 u.s.c QUANTITY . 9858c(c)(2)(i)). special child care who has been eligible to provide child services in a state for children assistance under the child care and block grant act of 1990 DATE (42 9857 et seq.) on the date the state an application for funds under this and remains in good standing with state, shall be deemed to be an eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00246 DATE fmt 6652 CARDINAL sfmt 6201 care provider under this section for 3 CARDINAL after the state receives funding this section. term has the given the term medical in the first ORDINAL sentence of 1905(b) of the social security act (42 1396d(b)). family child care child care provider means one CARDINAL or more who provide child care services less 24 hours TIME per day per child, in a private other than the residences of the unless care for 24 hours TIME is provided due the nature of the work. inclusive term with respect to care (including child means care provided by an eligible child for whom the percentage of served by the provider who are with disabilities or infants or toddlers disabilities reflects the prevalence of with disabilities and infants and with disabilities (whichever the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00247 fmt 6652 CARDINAL sfmt 6201 serves) among children within the involved; and that provides care and full for children with disabilities and and toddlers with disabilities the provider serves) alongside children not children with disabilities; not infants and toddlers with infant or term or means an individual who is less 3 years of age DATE . infant or toddler with a term or toddler with a has the meaning given the term in 632 CARDINAL of the individuals with disabilities act ( 20 u.s.c QUANTITY . 1432). lead term means the agency designated or established subsection (e). term means any the 50 CARDINAL states and the district of columbia. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00248 fmt 6652 CARDINAL sfmt 6201 term the commonwealth of puerto rico GPE , the islands of the united states GPE , guam GPE , samoa, and the commonwealth ORG of northern mariana LOC islands. tribal term has the meaning given term in section 4 LAW of the indian NORP and education assistance act ( 25 450b QUANTITY ). urban indian NORP indian has the given the term in section 4 LAW of the health care improvement act ( 25 u.s.c QUANTITY . in addition to amounts available, there is appropriated to the of health and human services, out of any in the treasury not otherwise appropriated, carrying out this $ 20,000,000,000 MONEY for fiscal year 2022 DATE , remain available until september 30, 2025 DATE , $ 30,000,000,000 MONEY for fiscal year 2023 DATE , remain available until september 30, 2026 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00249 fmt 6652 CARDINAL sfmt 6201 $40,000,000,000 MONEY for fiscal year 2024 DATE , remain available until september 30, 2027 DATE ; such sums as may be necessary for of fiscal years 2025 DATE through 2027 DATE , to available for one fiscal year DATE . fiscal years 2022 DATE through addition to amounts otherwise available, is appropriated to the department of and human services, out of any money the treasury not otherwise appropriated, for each of fiscal years 2022 DATE , and 2024 DATE , to carry out subsection (k). appropriated by the preceding shall be available for one fiscal year DATE . fiscal years 2025 DATE through the amounts appropriated under (a), the secretary shall reserve, to carry subsection (k), up to 1 percent PERCENT of such for each of fiscal years 2025 DATE , 2026 DATE , 2027 DATE , which shall be addition to otherwise available for this purpose. appropriated by the preceding shall be available for one fiscal year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00250 fmt 6652 CARDINAL sfmt 6201 establishment of birth through five CARDINAL care and early learning entitlement in secretary is authorized administer a child care and early learning program under which families, in states, and indian NORP tribes with an approved under subsection (f) or (g), shall be provided an to obtain high-quality child care services eligible children, subject to the requirements of section. on october 1, 2024 DATE , every family applies for assistance under this section with to a child in a state with an approved under subsection (g), or in a territory or indian NORP with an approved application under subsection and who is determined, by a lead agency (or entity designated by a lead agency) following and procedures established by the by rule, to be an eligible child, shall be offered care assistance in accordance with and subject the requirements and limitations of this section. lead governor of a state or the of a territory or indian NORP tribe, desiring to receive 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00251 fmt 6652 CARDINAL sfmt 6201 DATE under this section shall designate an agency may be an appropriate collaborative agency), or a joint interagency to serve as the lead agency for the state, or indian NORP tribe under this section; and to administer, directly or through other or nongovernmental agencies of the state, or indian NORP tribe the financial assistance under this section by the state, territory, or tribe, including by certifying the eligibility of applications and state be eligible to receive under this section, a state shall prepare submit to the secretary for approval an at such time, in such manner, and containing state plan for a transitional state plan, meets the under subsection (c) and contains information as the secretary may require, demonstrate the state will meet the of this section; and for a full state plan, meets the under subsection (d) and contains information. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00252 CARDINAL fmt 6652 CARDINAL sfmt 6201 period covered by state plan in the application shall be designed to be for a transitional state plan, during a period; and for a full state plan, during a 3-year DATE requirements for transitional state a period of 1 year DATE following the date enactment of this act, the secretary shall award under this section to states with an approved that contains a transitional state plan, under paragraph (1)(a) that includes, at an assurance that the state will a state plan under paragraph ( 4 CARDINAL ); and a description of how the funds received the state under this section will be spent to access to child care assistance and the supply and quality of child care within the state, in alignment with the of this section. requirements for full state secretary may award funds under this section states with an approved application that contains 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00253 fmt 6652 CARDINAL sfmt 6201 subsequent state plan, submitted under subsection that includes, at a minimum, the following: payment rates and cost payment state plan certify that payment rates for the of child care services for which is provided in accordance with section for the period covered by the within 3 years DATE after the state funds under this will be sufficient to meet the of child care, and set in with a cost estimation model or study described in clause (ii) that approved by the secretary; and will correspond to differences quality (including improved quality) on the tiered system for the quality of eligible child providers described in (b). cost state 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00254 fmt 6652 sfmt 6201 demonstrate that the state after consulting with relevant and stakeholders, developed and a statistically valid and reliable estimation model or cost study the payment rates of child care in the state that reflect rates providers at each of the tiers of tiered system for the quality of child care described in subparagraph (b), variations in the cost of child care by geographic area, type of and age of child, and the costs associated with inclusive child care services; certify that the rates for child care services for assistance is provided in with this are set in accordance the most recent estimates the most recent cost model or cost study under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00255 fmt 6652 CARDINAL sfmt 6201 (i), so that providers each tier of the tiered system measuring provider quality in subparagraph (b) a payment that is to meet the requirements of tier; are set so as to provide to providers not at the tier of the tiered system that sufficient to enable the to increase quality to meet requirements for the next ensure adequate wages staff of child care providers such child care services at a minimum, a living wage for all of such child care and are equivalent to for elementary with similar 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00256 fmt 6652 sfmt 6201 and experience in the and are adjusted on an basis for cost of living to ensure those payment remain sufficient to meet requirements of this section. plan shall include an assurance that state will implement payment practices support the fixed costs of providing care services. tiered system for measuring the of child care plan shall certify that the state has or assure that the state will within 3 years DATE after receiving funds under section, a tiered system for measuring the of eligible child care providers who child care services for which assistance is available under this section. such tiered include a set of standards, for the tier of quality of a child care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00257 fmt 6652 CARDINAL sfmt 6201 uses standards for a highest that at a minimum are equivalent head start program performance of the head start act u.s.c. 9836a(a)(1)(b CARDINAL )) or other evidence-based standards by the secretary; and quality thresholds that are appropriate child development different of child care provider settings, child care centers and the of family child care providers, are appropriate for providers different age groups mixed age groups) of children; include a different set of that includes indicators, when for care during nontraditional hours TIME operation; and provide for sufficient resources supports for child care providers at lower than the highest tier to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00258 fmt 6652 CARDINAL sfmt 6201 CARDINAL progression toward higher quality achieving high quality for all state plan shall certify the has implemented, or will implement 3 years DATE of receiving funds under this section, and financing practices that will ensure families of eligible children can choose for children to attend child care at the highest tier within 6 years DATE after the date of of this act. plan shall a certification that the state has or will within 3 years DATE after receiving funds under section, a wage ladder for staff of eligible care providers receiving assistance under section, including a certification that wages such staff, at a minimum, will meet the of subparagraph (a)(ii)(ii)(cc). sliding fee scale for in as provided clauses (ii)(i) and (iii), the state plan provide an assurance that the state for the period covered by the plan use 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00259 fmt 6652 CARDINAL sfmt 6201 sliding fee scale described in clause (ii) determine a copayment for a family assistance under this section (or, a family receiving part-time care, a copayment that is the proportionate of the full copayment). sliding fee full described in clause (i) shall use a fee scale that provides that, for a with a family of not more than 75 percent PERCENT state median income for a family the same size, the family shall not a copayment, toward the cost of child care involved for all eligible in the family; of more than 75 percent PERCENT but more than 100 percent PERCENT of state income for a family of the size, the copayment shall be than 0 but not more than 2 CARDINAL of that family income, toward cost for all such children; of more than 100 percent PERCENT not more than 125 percent PERCENT of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00260 fmt 6652 CARDINAL sfmt 6201 median income for a family of same size, the copayment shall be than 2 CARDINAL but not more than 4 CARDINAL of that family income, toward cost for all such children; of more than 125 percent PERCENT not more than 150 percent PERCENT of median income for a family of same size, the copayment shall be than 4 CARDINAL but not more than 7 CARDINAL of that family income, toward cost for all such children; and of more than 150 percent PERCENT of state median income for a family the same size, the copayment shall 7 percent PERCENT of that family income, such cost for all such children. special state shall require a copayment under this for any eligible child of a family a child that is eligible for a head program under the head start act u.s.c. 9831 CARDINAL et seq.), or a child who been identified as a member of a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00261 fmt 6652 CARDINAL sfmt 6201 a state or another entity pay a copayment (full or reduced) this subparagraph on behalf of a but may not receive federal under this section for such prohibition on charging more state plan shall that the state shall not permit a child care receiving financial assistance under section to charge, for child care for an child, more than the total the financial assistance provided the child under this section; and any applicable copayment to subparagraph (e). state plan shall that each child who receives assistance this section will be considered to meet all requirements for such assistance, and receive such assistance, for not less than 24 and the eligibility determination redetermination, including any based on the definition of eligible shall be implemented in such a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00262 CARDINAL fmt 6652 CARDINAL sfmt 6201 that supports child well-being and reduces to enrollment, including continuity of policies to support access to state plan shall assure that the will prioritize increasing access to, and quality and the supply of, child care in the for underserved populations, including at minimum, low-income children, children in areas, infants and toddlers, with disabilities and infants and toddlers disabilities, children who are dual language and children who receive care during hours TIME . state plan shall a certification that the state will apply, this section, the policies and procedures in subparagraphs (a), (b), (i), (j), (r), and (u) of section 658e(c)(2) of child care and development block grant of 1990 DATE ( 42 u.s.c QUANTITY . 9858c(c)(2)), and the and procedures described in section of such act, to child care services under this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00263 fmt 6652 sfmt 6201 CARDINAL state plan shall an assurance that the state has or will within 3 years DATE after receiving funds this section, licensing standards for child providers and a pathway to such licensure is available to and appropriate for child providers in a variety of settings, to ensure eligible under the child care and block grant act of 1990 DATE ( 42 u.s.c QUANTITY . et seq.), have a pathway to become providers under this section. state plan shall an agreement to provide to the secretary periodic reports, providing a detailed of the uses of such funds received this section, as the secretary may require the administration of this section. through transition payments for fiscal years DATE reservations and in each of fiscal 2022 DATE through 2024 DATE , the secretary from the amount appropriated under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00264 fmt 6652 sfmt 6201 (c)(1)(a) for each such fiscal reserve not less than 4 for indian NORP tribes, tribal and urban indian NORP for child care assistance; reserve not less than 0.5 CARDINAL of percent guam, american NORP the commonwealth ORG of the mariana islands, and the states virgin islands for child assistance; and from the amount so and not reserved under (i) and (ii), make allotments each state in the same manner as secretary makes such allotments under section of the child care and block grant act of 1990 DATE ( 42 9858n(b CARDINAL )). $ 9,600,000,000 MONEY for each of fiscal years 2022 DATE through 2027 DATE to out the program of grants to in subsection (i). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00265 CARDINAL fmt 6652 sfmt 6201 DATE purposes of paragraph, the term means 50 CARDINAL states, the district of columbia ORG , the commonwealth of puerto rico GPE . indian NORP tribes, tribal and urban indian NORP in each of years 2022 DATE through 2024 DATE , from amount tribal organizations, and indian NORP organizations under (a)(i)(i), the secretary make payments to indian NORP tribes, organizations, and urban organizations, and the tribes, organizations, and indian NORP shall be entitled to such for carrying out programs or consistent with the objectives this section. indian NORP tribal organization, or urban organization seeking a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00266 fmt 6652 CARDINAL sfmt 6201 under clause (ii)(ii) shall submit application to the secretary at time, in such manner, and such information as the may specify, the described subsection in each of years 2022 DATE through 2024 DATE , from amount reserved for territories subsection (a)(i)(ii), the shall make payments to the specified in that paragraph, the territories shall be entitled to payments, for carrying out or activities consistent with the of this section. territory in clause (i)(ii) seeking a under this clause shall an application to the secretary at time, in such manner, and such information as the may specify, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00267 fmt 6652 sfmt 6201 described subsection each of fiscal years through 2024 DATE , each state that has application approved under subsection shall be entitled to a payment under clause in the amount equal to its under subparagraph (a) for such year DATE . any provision of this paragraph, for each of years 2022 DATE through 2024 DATE , the secretary have the authority to reallot funds that allotted under subparagraph (a) from any without an approved application under (f) by the date required by the to states with approved applications that subsection, to tribes with an application under subparagraph (a)(ii), to territories with an approved application . in each of fiscal years through 2027 DATE : 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00268 fmt 6652 sfmt 6201 CARDINAL child care assistance for in secretary pay to each state with an application under subsection and that state shall be entitled to, amount for each quarter DATE equal to percent of expenditures the for child care assistance for children described under (h)(2)(b). the secretary shall to each state with an approved under subsection (f), and state shall be entitled to, an for each quarter DATE equal to 90 CARDINAL of expenditures in the quarter DATE the components of the child care program described under (h)(2)(b). from the amount under (h)(2)(c) shall be subject to (ii). activities to improve the and supply of child care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00269 fmt 6652 sfmt 6201 DATE secretary shall pay to state with such an approved and that state shall be entitled to, an for each quarter DATE equal to the of expenditures in the quarter DATE to out the quality and supply building under subsection (h)(2)(c) to the limit specified in clause (i) of subsection. shall pay to each state with such an application, and that state shall entitled to, an amount for each quarter to DATE 50 percent of expenditures in the for the costs of administration by the which shall include reasonable incurred by the state in out the child care program in this section; and which may include, at the of the state, costs associated carrying out requirements, and procedures described in 658h PRODUCT of the child care and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00270 fmt 6652 CARDINAL sfmt 6201 CARDINAL block grant act 9858f). advance payment; retrospective each of fiscal years 2025 2027 DATE , the secretary may make under this subsection for each quarter DATE on basis of advance estimates of expenditures by the state and such other as the secretary may find necessary, shall reduce or increase the payments as to adjust for any overpayment or for previous quarters DATE . in this subsection shall be as preventing a state from claiming expenditures in a quarter DATE expenditures that incurred in a previous quarter DATE and not in such previous quarter DATE . territories and each fiscal years 2025 through 2027 DATE , the shall make payments to territories, and tribes, tribal organizations, and urban organizations, with applications as described in subsection (a), and by the secretary. the territories, indian 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00271 fmt 6652 sfmt 6201 CARDINAL tribal organizations, and urban indian NORP shall be entitled to such payments carry out the activities described in (h)(2). use of use of funds for transition each of fiscal years 2022 DATE through 2024 DATE , a state receives a payment under subsection (g)(1) reserve and 50 percent PERCENT of such payment for expand access to child care for eligible children (with priority for access for children in families incomes less than 85 percent PERCENT of the median income); and increase child care provider rates to support the cost of providing child care services, including sufficient to support increased wages staff of eligible child care providers; 25 percent PERCENT of such payment for described in subsection (b)(3); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00272 fmt 6652 CARDINAL sfmt 6201 25 percent PERCENT for activities under (a) or activities under subparagraph as determined by the state. use of funds for fiscal years 2025 DATE in on october 1 DATE , a state shall use amounts provided to the under subsection (g)(2) for child care (provided on a sliding fee scale basis), to improve the quality and supply of care services, and state administration. child care assistance for in state shall that parents of eligible children can child care services provided by an child care provider through a grant contract under clause (ii) or a under clause (iii). grants and shall award grants or contracts to child care providers, consistent with requirements under this section, for provision of child care services for children that, at minimum, support 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00273 fmt 6652 sfmt 6201 DATE operating expenses to meet and health, safety, quality, and wage required under this section. state shall a child care certificate directly to a care provider on behalf of a parent may use such certificate only as for child care services or as a deposit child care services if such a deposit is of other children being cared for the provider, consistent with the under this section. activities to improve the quality supply of child care quality child care each of fiscal 2025 through 2027 DATE , from the of the annual DATE payments made to state for a particular fiscal year DATE , state shall reserve ORG and use a child care amount equal to not less 5 percent PERCENT and not more than 10 CARDINAL of the amount made available the state through such payments 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00274 fmt 6652 CARDINAL sfmt 6201 that particular fiscal year (and reserve and use a proportional from each quarterly payment to the state for that particular year DATE ). use of quality child state shall use quality child care amount in subclause (i) to implement described in subparagraphs and (c) that increase the quality supply of eligible child care and the number of available in the state for child care under assistance for child care who are in underserved and who are providing, or seeking to provide, child care for underserved populations in subsection (f)(4)(h). provided under this may be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00275 fmt 6652 sfmt 6201 DATE or directly by the through other state agencies, local or child care resource and organizations, community other intermediaries with supporting child care or other appropriate that enter into a contract the state to provide such the quality child care amount in clause (i) shall include each of following: startup grants and expansion in a of the quality child care a state shall make and supply expansion grants support child care providers are providing, or seeking to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00276 fmt 6652 CARDINAL sfmt 6201 child care services to this section, with priority providers providing or seeking provide child care in communities and for populations subsection (f)(4)(h), support startup expansion costs; and assist such in meeting health and licensure. a of receiving a startup supply expansion grant under subclause, a child care shall commit to meeting the of an eligible under this section, and child care services to receiving assistance under section on an ongoing basis. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00277 fmt 6652 sfmt 6201 quality a of the quality child care a state shall provide quality to eligible child care providers child care services to receiving assistance under this to improve the quality of such supporting such meeting or making toward the requirements the highest tier of the system for measuring the of child care providers subsection (f)(4)(b); and supporting such in sustaining child care facilities in a of the quality child care a state shall provide facilities grants, for renovation, or repair of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00278 fmt 6652 CARDINAL sfmt 6201 building or facility to the permitted under of the child care and block grant act of ( 42 u.s.c QUANTITY . 9858). additional fiscal years 2022 through and in subsequent years approval from the secretary, state may provide such grants for construction, improvement, or major of a building or primarily used for providing care services, in accordance the following: federal will not apply to renovation or rebuilding privately-owned care homes under this eligible child care may not use funds buildings or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00279 fmt 6652 CARDINAL sfmt 6201 are used primarily for instruction or worship. the secretary develop parameters on use of funds under this for family child homes. the secretary not retain federal after a period of 10 CARDINAL in any facility built, or repaired with awarded under this additional activities to the quality of child state shall use a of the quality child care to improve the quality of child services, which shall supporting the training professional development of early childhood workforce, supporting degree 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00280 fmt 6652 sfmt 6201 and credentialing for early educators; tiered system for the quality of child care the supply quality of developmentally child care programs services for underserved described in subsection access care services for children homelessness and in foster care; and other activities to the supply and quality of care services, including described in paragraphs of section of the child care and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00281 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL block grant act of 42 CARDINAL u.s.c. 9858e). technical a portion of the quality child amount, the state shall provide assistance to increase the and quality of eligible child providers who are providing, or to provide, child care services children receiving assistance under section, including providing to enable providers to achieve grants to definition of eligible subsection the term means a county, or other unit of general local or a head start grantee. in secretary shall use reserved in subsection (g)(1)(a)(i)(iv)) to local birth through five CARDINAL child care and learning grants to eligible localities located states that have made it apparent that they will apply for payments under subsection (f). the shall award the grants to eligible localities 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00282 fmt 6652 sfmt 6201 a state from the allotment made for that state subparagraph (b). the secretary shall specify requirements for an eligible locality to provide to child care to children in families with that does not exceed 200 percent PERCENT of the poverty level, which shall, to the greatest extent be consistent with the requirements to states under this section. receive a grant the corresponding state allotment under subsection, an eligible locality shall submit application to the secretary at such time, in manner, and containing such information the secretary may require. the requirements the application shall, to the greatest extent be consistent with the state plan applicable to states under this (f). priority for localities serving awarding a under this paragraph, the secretary, shall priority to eligible localities seeking to underserved populations. program 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00283 DATE fmt 6652 CARDINAL sfmt 6201 following of law shall apply to any program or activity receives funds provided under this section: title ix of the education amendments 1972 DATE ( 20 u.s.c QUANTITY . 1681 CARDINAL et seq.). title vi of the civil rights act of ( 42 u.s.c QUANTITY . 2000d CARDINAL et seq.). section 504 LAW of the rehabilitation act 1973 ( 29 u.s.c QUANTITY . 794 CARDINAL ). the americans NORP with disabilities act of ( 42 u.s.c QUANTITY . 12101 et seq.). section 654 LAW of the head start act (42 9849). maintenance of be eligible receive a grant under this section, a state shall receives payments under this section for a fiscal in using the funds made available through the shall maintain child care assistance for at levels not less than the levels provided by state in fiscal year 2021 DATE . the secretary shall the state expenditures allowable under requirement. monitoring and review of compliance with and state secretary shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00284 fmt 6652 sfmt 6201 and monitor state compliance with this section the plan described in subsection (f)(4) of the issuance of secretary shall by rule procedures receiving, processing, and determining validity of complaints or findings concerning failure of a state to comply with the state or any other requirement of this section; notifying a state when the secretary determined there has been a failure by the to comply with a requirement of this and imposing sanctions under this for such a failure. funds reserved under (b)(2), the secretary shall provide technical to states, territories and indian NORP tribes and carry research, evaluations, and administration related to section. transition treatment of child care and block grant each of fiscal 2025 DATE , 2026 DATE , and 2027 DATE , a state receiving under this section shall not use more than 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00285 DATE fmt 6652 DATE sfmt 6201 percent PERCENT of any funds received under the child and development block grant act of 1990 DATE to child care assistance to children under the of 6 CARDINAL , who are eligible under that act. special rules regarding child who is less than 6 years of age DATE , is not yet kindergarten, and is receiving assistance under child care and development block grant act of ( 42 u.s.c QUANTITY . 9857 et seq.) on the date funding first ORDINAL allocated to the lead agency under this shall be deemed immediately eligible to assistance under this section; and may continue to use the child care of the choice. transition secretary authorized to institute procedures for this section, including issuing guidance for receiving funds under subsection (g). 23002 DATE . universal preschool. this section: child experiencing term experiencing means individual who is a homeless child or youth under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00286 fmt 6652 CARDINAL sfmt 6201 725 CARDINAL of the mckinney-vento homeless act ( 42 u.s.c QUANTITY . 11434a DATE ). child with a term with a has the meaning given the in section 602 LAW of the individuals with education act ( 20 u.s.c QUANTITY . 1401 DATE ). comprehensive means services that are to low-income children and their families, that are health, educational, nutritional, social, other services that are determined, based on needs assessments, to be necessary, within means of section 636 LAW of the head start act (42 9831). dual language term language means an individual who is english LANGUAGE proficient, as defined in section 637 LAW the head start act ( 42 u.s.c QUANTITY . 9832). eligible means a child who is age 3 or 4 DATE , on the date by the applicable local educational for kindergarten entry. eligible term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00287 fmt 6652 CARDINAL sfmt 6201 a educational agency, acting or in a consortium or in collaboration an educational service agency (as defined section 8101 CARDINAL of the elementary and education act of 1965 DATE ( 20 u.s.c QUANTITY . that is licensed by the state or meets health and safety standards; a head start agency or delegate funded under the head start act ( 42 u.s.c QUANTITY . et seq.); a licensed center-based child care licensed family child care provider, or or network of family child care providers; or a consortium of entities described in of subparagraphs (a), (b), and (c). indian NORP term the meaning given the term in section 4 LAW of the self-determination and education assistance ( 25 u.s.c QUANTITY . 450b). local educational term educational has the meaning given term in section 8101 LAW of the elementary and education act of 1965 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00288 CARDINAL fmt 6652 sfmt 6201 poverty term means the poverty guidelines updated in the federal register by the of health and human services under the of section 673 LAW of the community services grant act ( 42 u.s.c QUANTITY . 9902). the secretary of health and human services. term means each of several states and the district of columbia. term means of the commonwealth of puerto rico GPE , the states virgin islands, guam GPE , american NORP and the commonwealth ORG of the northern islands. tribal term has the meaning given the term in section 658p LAW of the child and development block grant act of 1990 DATE ( 42 9858n DATE ). urban indian NORP term indian NORP has the meaning given term in section 4 LAW of the indian NORP health care act ( 25 u.s.c QUANTITY . 1602 DATE ). universal 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00289 fmt 6652 CARDINAL sfmt 6201 CARDINAL addition to amounts available, there is appropriated to the for each of fiscal years 2022 DATE through 2028 DATE , of any money in the treasury ORG not otherwise such sums as may be necessary to carry this section and provide the federal share of the of universal, high-quality, free, inclusive, and delivery preschool services, on a voluntary to children throughout the states under this including providing the federal share of the of state activities described in subsection (c)(4). secretarial in collaboration with the secretary of shall reserve ORG , from the amount appropriated this not less than 4 percent PERCENT for payments indian NORP tribes, tribal organizations, and indian NORP organizations for activities in this section; not more than of 1 percent PERCENT for the to be distributed among the on the basis of their relative need, as by the secretary of health and services in accordance with the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00290 fmt 6652 sfmt 6201 of this section, for activities described in section; of 1 percent PERCENT for eligible local that serve children in families who are in migrant or seasonal agricultural labor, activities described in this section; for federal activities, including monitoring, technical assistance, and $ 165,000,000 MONEY for fiscal year DATE 2022 $ 200,000,000 MONEY for fiscal year 2023 DATE ; for each of fiscal years 2025 2028 DATE , not more than 2 percent PERCENT ; $ 2,500,000,000 MONEY for each of fiscal years through 2027 DATE to improve compensation of start staff consistent with subparagraphs and (b)(viii) of section 640(a)(5 LAW ) of the start act ( 42 u.s.c QUANTITY . 9835(a)(5 CARDINAL )), section 653(a)(1 CARDINAL ) of such act ( 43 9848(a)(1 CARDINAL ); and $ 1,250,000,000 MONEY annually DATE for each of years 2023 through 2028 DATE to carry out the of grants to localities described in (e). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00291 fmt 6652 CARDINAL sfmt 6201 DATE payments for state universal preschool in state that has submitted, had approved by the secretary, a state plan for preschool services is entitled to a payment this subsection. payments to preschool shall pay to each state with an approved plan under paragraph ( 6 CARDINAL ), an amount for year DATE equal 100 percent PERCENT of the in the year DATE for preschool services in subsection (d), for each of fiscal 2022 DATE , 2023 DATE , and 2024 DATE ; 90 percent PERCENT of the in the year DATE for such preschool for fiscal year 2025 DATE ; 80 percent PERCENT of the in the year DATE for such preschool for fiscal year 2026 DATE ; 70 percent PERCENT of the in the year DATE for such preschool for fiscal year 2027 DATE ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00292 fmt 6652 CARDINAL sfmt 6201 60 percent PERCENT of the in the year DATE for such preschool for fiscal year 2028 DATE . state ORG secretary pay to each state with an approved state under paragraph ( 6 CARDINAL ) an amount for a year DATE equal to 50 percent PERCENT of the amount of expenditures for the activities in paragraph ( 4 CARDINAL ), except that in no case a payment for a fiscal year DATE under this exceed the amount equal to 10 CARDINAL of the expenditures described in (a) for such fiscal year DATE . non-federal of the cost paid by the state for preschool that is not provided under (a), shall be considered the non-federal of the cost of those services. the of the cost paid by the state for state that is not provided under (b), shall be considered the non-federal of the cost of those activities. advance payment; retrospective secretary may make a payment subparagraph (a) or (b) of paragraph ( 2 CARDINAL ) for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00293 fmt 6652 CARDINAL sfmt 6201 year DATE on the basis of advance estimates of submitted by the state and such other as the secretary may find necessary, and reduce or increase the payment as necessary to for any overpayment or underpayment for a year DATE . state state that receives a under paragraph ( 2)(b CARDINAL ) shall carry out all the following activities: state administration of the services program described in this supporting a continuous quality system through the use of data, monitoring, training, technical professional development, and coaching to providers participating or seeking to in the preschool services and to support such providers in meeting requirements of this section. providing outreach and enrollment for families of eligible children, specific outreach to families of underserved supporting data systems building. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00294 fmt 6652 CARDINAL sfmt 6201 supporting staff of eligible providers pursuing credentials and degrees, including degrees. supporting activities that ensure to inclusive preschool programs for with disabilities, including, as applicable, that redesign or restructure existing programs, as of the date of the to improve inclusive services for children disabilities. providing age-appropriate services for children, which at a shall include transportation services for experiencing homelessness and children foster care. conducting or updating the needs assessment used for purposes paragraph (6)(b)(ii). lead governor of a state to receive a payment under this subsection designate a state lead agency (such as a state or joint interagency office) for the of the universal preschool services program this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00295 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL state order to be eligible for under this section, the governor of a state submit a state plan for universal, high-quality, inclusive, and mixed delivery preschool services the secretary for approval at such time, in such and containing such information as the in collaboration with the secretary of may require. such plan shall include each of following: a certification that the state has in developmentally appropriate, evidence- preschool standards that, at a minimum as rigorous as the standards specified in (b) of section 641a(a)(1 LAW ) of the start act ( 42 u.s.c QUANTITY . 9836a(a)(1)) and program standards for class sizes and a certification that the state will the establishment and expansion of high-quality, and delivery preschool services in high-need as identified by the state, a description of which high-need the state will prioritize for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00296 fmt 6652 sfmt 6201 DATE establishment and expansion within across those communities; a description of how the state which communities are high-need including how the state used research-based methodology, approved by secretary, to identify and serve such as determined the rate of poverty among children in the community; rates of access to preschool within the community, as applicable, rates of for underserved or vulnerable as identified through a needs assessment conducted the preschool development program under section 9212 LAW of every student succeeds act ( 42 9831 CARDINAL note) as applicable, or another such statewide needs and other indicators of need as required by the and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00297 fmt 6652 CARDINAL sfmt 6201 an assurance that the state will funding for such preschool under this section within such a high- community so that a majority of in the community are offered such services before the state and expands free preschool services communities with lower levels of need. as applicable, a description of how the plans to use funding provided under this to ensure that existing (as of the date submission of the state plan) publicly funded programs in the state meet the of this section for a preschool a certification that the state will, in and operating the program of services supported under this section, a mixed delivery preschool system, a certification that the state will the participation in the system of head programs and programs offered by other providers, providers of family child care). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00298 fmt 6652 sfmt 6201 an assurance that the state will use provided under this section to ensure with disabilities have access to and in inclusive preschool programs with provisions in the individuals with education act, including an that the state will offer inclusive that supports the least restrictive requirements in section 619 LAW of the with disabilities act for all eligible who are children with disabilities. a certification that the state will the continuous quality improvement of providing preschool services under this including support through technical monitoring, and research. a certification that the state will a highly qualified early childhood to support the requirements of this a description of how the state will the preschool standards in subparagraph (a) with other early standards within the state. a description of how the state 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00299 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL coordinate services and funding under this section with services funding for other federal, state, and child care and early childhood programs; at the option of an indian NORP tribe tribal organization in the state, and coordinate services and with such indian NORP tribe or tribal partner with head start agencies ensure the full utilization of head start within the state; collaborate with entities carrying programs under section 619 LAW or part c the individuals with disabilities act, to support inclusive preschool and transitions of children early childhood education to school. an assurance that the state will with not less than 1 institution of higher to facilitate degree attainment for of preschool programs. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00300 fmt 6652 CARDINAL sfmt 6201 an assurance that the state will all preschool services in the state funded this section will universally available to all in the state without any additional requirements; and be high quality, free, and by not later than 1 year DATE after such funding, meet the education standards described in (a); offer programming that meets the requirements of at least 1,020 hours TIME , in the program performance applicable to head start described in section 641a LAW of the start act ( 42 u.s.c QUANTITY . 9836a); adopt policies and practices to outreach and provide expedited including prioritization, children experiencing care; children in foster care or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00301 fmt 6652 CARDINAL sfmt 6201 CARDINAL children in families who are in migrant or seasonal labor; children with disabilities, children served under part c the individuals with disabilities act who are an eligible under section 101(a)(3) of this and dual language learners; provide salaries, and set salary for staff that are equivalent to of elementary school staff with credentials and experience; at a minimum, provide a living for all staff of such providers; and require educational qualifications teachers (excluding who employed by an eligible child care or early education program for a three CARDINAL of the last five years from date of enactment and have the content knowledge and teaching for early childhood educators, as measures 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00302 fmt 6652 CARDINAL sfmt 6201 by the state) in the preschool including, at a minimum, requiring lead teachers in the preschool have a baccalaureate degree in early education or a related field by later than 7 years DATE after the date of of this act (the requirements in this clause shall not apply to who were employed by an child care provider or early education for a cumulative 3 CARDINAL of the last 5 from the date of enactment and have necessary content knowledge and skills for early childhood as demonstrated through measures by the state.). an assurance that the state will meet requirements of clauses (ii) and (iii) of 658e(c)(2)(t CARDINAL ) of the child care and block grant act of 1990 DATE ( 42 u.s.c QUANTITY . with respect to funding and under this section. a certification that subgrant amounts under subsection (d) are sufficient to the eligible provider to meet the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00303 fmt 6652 CARDINAL sfmt 6201 of this title, and will provide for staff payment amounts based on the described in (k)(v) and (vi). a certification that preschool seats will distributed equitably among child care family child care), head start, and within the state. duration of the state plan remain in effect for a period of DATE 3 years DATE . to the state plan shall remain in effect the duration of the plan. transitional state secretary make available a transitional state plan for a of one year DATE that contains such information as secretary may require, to demonstrate the state meet the requirements of this title and that an assurance that the state will a state plan under paragraph ( 6 CARDINAL ); and a description of how the funds received the state under this title will be spent to access to universal, high-quality, free, and mixed delivery preschool programs alignment with the requirements of this title. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00304 fmt 6652 CARDINAL sfmt 6201 CARDINAL subgrants and contracts for local subgrants and in state that receives a under subsection (c)(2)(a) for a fiscal shall use amounts provided through the to pay the federal share of the costs subgrants to, or contracts with, eligible to operate universal, high-quality, free, and mixed delivery preschool through the state preschool program in with paragraph ( 2 CARDINAL ). a state shall or increase the amounts provided under subgrants or contracts if needed to adjust any overpayment or underpayment in subsection (c)(3). state shall award a or contract under this subsection in a amount to enable the eligible provider operate a universal, high-quality, free, and preschool program that meets the of subsection (c)(6)(k) and which shall reflect variations in the cost of services by geographic area, type of and age of child, and the additional 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00305 fmt 6652 CARDINAL sfmt 6201 associated with providing inclusive services for children with disabilities . state shall award a or contract under this subsection for period of not less than 3 years DATE , unless the or contract is terminated or or the subgrant period is reduced, for enhanced payments for awarding subgrants or under this subsection and in addition to the requirements of paragraph (1)(b), the state award subgrants or contracts with enhanced to eligible providers that offer preschool funded under this subsection to a high of low-income children to comprehensive services, including emotional and other services that support well-being; health and developmental screenings; service referral for children and served by the program involved. establishing and expanding universal 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00306 fmt 6652 CARDINAL sfmt 6201 establishing and expanding preschool programs in high-need awarding subgrants or under this subsection, the state shall prioritize establishing and expanding preschool programs within and across communities identified under (c)(6)(b) by awarding subgrants or to eligible providers operating within, or capacity to operate within and across, such communities. such subgrants or shall be used to enroll and serve children the preschool program, personnel (including classroom and personnel), including and benefits; associated with the preschool standards, curriculum sports, and meeting learning and development standards; professional development, teacher and training; implementing developmentally health and safety standards licensure, where applicable), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00307 fmt 6652 sfmt 6201 to child ratios, and group size materials, equipment and supplies; meeting health and safety including licensure; and rent or mortgage, utilities, security, indoor and outdoor and insurance. establishing and expanding universal programs in additional a state that receives a payment subsection (c)(2)(a) meets the requirements paragraph ( 2 CARDINAL ) with respect to establishing and preschool programs within and across high- communities, the state shall use any remaining from such payment to enroll and serve in preschool programs, as described in such to additional communities in accordance the statewide needs assessment used for of paragraph (6)(b)(ii). such funds shall be for the activities described in grants to this subsection: eligible term means a city, county, or other 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00308 fmt 6652 CARDINAL sfmt 6201 CARDINAL of general local government, a local agency, or a head start agency. low-income young young means a child is under age 6 and from a family with a income that is not more than 200 CARDINAL of the poverty guidelines. in secretary shall use reserved in subsection ( b)(2)(f PRODUCT ) to award local preschool grants to eligible localities in states that have made it apparent that they not apply for payments under subsection the secretary shall award the grants to localities in a state from the allotment made that state under paragraph ( 3 CARDINAL ). the secretary specify the requirements for an eligible locality conduct a preschool services program under this which shall, to the greatest extent be consistent with the requirements to states under this section, including ensuring free, universal, high-quality, inclusive mixed preschool system. each state described in ( 2 CARDINAL ), the secretary shall allot for the state amount that bears the same relationship to the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00309 fmt 6652 sfmt 6201 reserved under subsection (b)(2)(f) as the of low-income young children in the state to the total of all such children in states in paragraph ( 2 CARDINAL ). receive a grant from the state allotment under this subsection, eligible locality shall submit an application to the at such time, in such manner, and such information as the secretary may the requirements for the application shall, to greatest extent practicable, be consistent with state plan requirements applicable to states this section. priority for localities serving awarding a grant this subsection, the secretary, in collaboration the secretary of education, shall give priority eligible localities serving high-need communities, in accordance with subsection (d)(2)(b). non-federal purposes of calculating the amount of the share, as determined under subsection (c), to a payment under such subsection, a non- 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00310 fmt 6652 sfmt 6201 may be in cash or in kind, fairly evaluated, facilities or property, equipment, or shall include any increase in amounts spent the state to expand half-day DATE kindergarten in the state, as of the day DATE before the date of of this act, into full-day DATE kindergarten shall not include contributions being used as non-federal share or match for another federal shall be provided from state or contributions from philanthropy or other organizations, or a combination of such and contributions and shall count no more than 50 percent PERCENT of the current spending on prekindergarten (as of the date of enactment of this act) the state match. maintenance of in a state reduces its fiscal effort per child for the preschool (whether a publicly funded preschool or a program under this section) or through supplemental assistance funds for head start 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00311 fmt 6652 sfmt 6201 assisted under the head start act (42 9831 et seq.), or through any state spending preschool services for any fiscal year DATE that a state payments under subparagraphs (a) and (b) subsection (c)(2) (referred to in this paragraph as fiscal relative to the previous year DATE , the secretary, in collaboration with the of education, shall reduce support for state under such subsection by the same as the total reduction in state fiscal effort such reduction fiscal year DATE . secretary, in collaboration the secretary of education, may waive the of paragraph ( 1 CARDINAL ) the secretaries determine that a would be appropriate due to a precipitous in the financial resources of a state as a of unforeseen economic hardship, or a disaster, that has necessitated across- reductions in state services during 5-year DATE period preceding the date of the including for early childhood programs; or due to the circumstance of a state reductions in specific programs, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00312 DATE fmt 6652 CARDINAL sfmt 6201 DATE early childhood education, the state to the secretaries a justification and why other programs could not be and how early childhood education in the state will not be harmed by such state reductions. supplement not received this section shall be used to supplement and not other federal, state, and local public funds on early childhood education programs in the nondiscrimination provisions of law shall apply to any program or that receives funds provided under this section: title ix of the education amendments of ( 20 u.s.c QUANTITY . 1681 CARDINAL et seq.). title vi of the civil rights act of 1964 DATE (42 2000d et seq.). ( 29 u.s.c QUANTITY . 794 CARDINAL ). section 504 LAW of the rehabilitation act of the americans NORP with disabilities act of ( 42 u.s.c QUANTITY . 12101 et seq.). section 654 LAW of the head start act (42 9849 CARDINAL ) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00313 fmt 6652 sfmt 6201 CARDINAL nutrition and programs 24001 DATE . expanding community eligibility. multiplier and threshold of of the richard b. russell PERSON national lunch act ORG ( 42 u.s.c QUANTITY . 1759a(a)(1)(f)) is to read as follows: implementation in each school year DATE beginning or after july 1, 2022 DATE , and ending july 1, 2030, the secretary use a multiplier of 2.5 CARDINAL . implementation after each school year DATE beginning or after july 1, 2030 DATE , the shall use a multiplier of of section of the richard b. russell PERSON national lunch act ORG ( 42 u.s.c QUANTITY . 1759a(a)(1)(f)) is to read as follows: implementation in each school year DATE beginning 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00314 fmt 6652 sfmt 6201 DATE or after july 1, 2022 DATE , and ending july 1, 2030, the threshold be not more than 25 percent PERCENT . implementation after each school year DATE beginning or after july 1, 2030 DATE , the shall be not more than 40 CARDINAL amendments made this subsection shall apply to a local educational with respect to a school year DATE beginning on or july 1, 2022 DATE , for which such local educational elects to receive special assistance payments subparagraph (f) of section 11(a)(1 LAW ) of the b. russell national school lunch ORG act ( 42 CARDINAL 1759a(a)(1)). statewide community of the richard b. russell PERSON national school act ORG ( 42 u.s.c QUANTITY . 1759a(a)(1)(f)) is amended by at the end the following: statewide community each school year DATE beginning or after july 1, 2022 DATE , and ending july 1, 2030, the secretary shall a statewide community eligibility 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00315 fmt 6652 sfmt 6201 under which, in the case of a agency that agrees to provide from sources other than federal funds ensure that local educational agencies in state receive the free reimbursement for 100 percent PERCENT of the meals served at the multiplier described in (vii) shall apply; the threshold described in (viii) shall be applied by zero CARDINAL for 25 DATE ; and the percentage of enrolled who were identified students be calculated across all schools in the state regardless of educational 24002 DATE . direct certification for children medicaid ORG benefits. in 9 CARDINAL of the richard b. national school lunch PERSON act ( 42 u.s.c QUANTITY . 1758(b)) is in subsection by amending paragraph ( 5 CARDINAL ) to read as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00316 fmt 6652 sfmt 6201 discretionary free lunches or to paragraph ( 6 CARDINAL ), any local educational may certify any child as eligible for free or breakfasts, without further by directly communicating with the state or local agency to obtain of the status of the child a member of a family that is assistance under the temporary for needy families program funded part a of title iv of the social act ( 42 u.s.c QUANTITY . 601 CARDINAL et seq.) that the determines complies with established by the secretary that that the standards under the state are comparable to or more than those in effect on june 1 DATE , a homeless child or youth as 1 CARDINAL of the individuals described in 725(2) of the mckinney-vento assistance act u.s.c. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00317 CARDINAL fmt 6652 sfmt 6201 served by the runaway and youth grant program established the runaway and homeless youth ( 42 u.s.c QUANTITY . 5701 et seq.); a migratory child (as defined in 1309 DATE of the elementary and education act of 1965 DATE ( 20 u.s.c QUANTITY . an eligible child (as defined in ( 15)(a DATE )); or a foster child whose care and is the responsibility of an that administers a state plan under b or e of title iv of the social act ( 42 u.s.c QUANTITY . 621 CARDINAL et seq.); or a foster child who a court has with a caretaker household. reduced to paragraph ( 6 CARDINAL ), any educational agency may certify any child is not eligible for free school lunch or as eligible for reduced price lunches breakfasts, without further application, by communicating with the appropriate or local agency to obtain documentation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00318 fmt 6652 CARDINAL sfmt 6201 the status of the child as a child eligible for price meals (as defined in paragraph and in paragraph (6)(a), by striking both places it appears and inserting in paragraph in subparagraph by amending clause (i) to as follows: eligible term means a who is eligible for and medical assistance under the program; and who is a member of a with an income as measured by the program that does not 133 percent PERCENT of the poverty line determined under the poverty updated periodically in the register by the department health and human services under authority of section 673(2 LAW ) of the services block grant act 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00319 DATE fmt 6652 sfmt 6201 u.s.c. 9902(2), including any required by such section)) to a family of the size used purposes of determining eligibility the medicaid ORG program; who is eligible for the program because such child supplemental security income under title xvi of the social act ( 42 u.s.c QUANTITY . state supplementary benefits of the referred to in section 1616(a LAW ) of act (or payments of the type in section 212(a) of public who eligible for the program because such child an adoption assistance made under section 473(a) of social security act ( 42 u.s.c QUANTITY . or under a similar or state-operated program, as by the secretary; who is eligible for the program because such child 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00320 fmt 6652 sfmt 6201 a kinship guardianship payment made under section of the social security act (42 673(d)) or under a similar or state-operated as determined by the secretary, regard to whether such child previously in foster care; or who a member of a (as that term is defined in 245.2 CARDINAL of title 7 CARDINAL , code of regulations (or successor with a child described in (i), (ii), (iii), or and by adding at the end the child eligible for reduced term eligible for price means a who is eligible for and medical assistance under the program; and who is a member of a with an income as measured by the program that does exceed 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00321 fmt 6652 CARDINAL sfmt 6201 percent PERCENT but does not exceed 185 CARDINAL of the poverty line (as under the poverty guidelines periodically in the federal by the department of health human services under the of section 673(2) of the services block grant act ( 42 9902(2 QUANTITY ), including any revision by such section)) applicable a family of the size used for of determining eligibility for the program; or who a member of a (as that term is defined in 245.2 CARDINAL of title 7 CARDINAL , code of regulations (or successor with a child described in by striking subparagraphs (b), (d), (e), (g), and (h); in subparagraph in the enumerator, by striking and inserting and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00322 fmt 6652 CARDINAL sfmt 6201 by striking the project under and inserting this by inserting after subparagraph the following: agreements to carry out certify a child under (a)(v) or (b) of paragraph ( 5 CARDINAL ), a state shall enter into an agreement with 1 CARDINAL or state agencies conducting eligibility for the medicaid ORG program. to paragraph an agreement under subparagraph (b) establish procedures under an eligible child may be certified free lunches under this act and free under section 4 LAW of the child act of 1966 DATE ( 42 u.s.c QUANTITY . 1773 DATE ), further application (as defined in (4)(g)); and a child eligible for reduced price may be certified for reduced price under this act or reduced price under section 4 LAW of the child 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00323 fmt 6652 CARDINAL sfmt 6201 act of 1966 DATE ( 42 u.s.c QUANTITY . 1773 DATE ), further application (as defined in and by adding at the end the following: authority under this shall terminate on the last day of year DATE and in subsection (d)(2)(g), by inserting eligible for reduced price after amendments made by this shall apply with respect to the beginning on july 1, 2022 DATE ; and ending on the last day of school year 24003 DATE . summer DATE electronic benefits transfer children program. richard b. russell PERSON national school lunch ORG act amended by inserting after section 13 LAW ( 42 u.s.c QUANTITY . 1761 DATE ) following: 13a DATE . summer DATE electronic benefits transfer children program. program secretary shall a program under which states and covered tribal organizations participating in such program 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00324 fmt 6652 sfmt 6201 DATE beginning with summer 2023 DATE and annually DATE for each before the date described in subsection (g), issue eligible households summer DATE ebt in accordance with this section; and for the purpose of providing nutrition through electronic benefits transfer during summer months DATE for eligible children, to ensure access to food when school is not in for the summer DATE . summer DATE ebt benefits purchase benefits issued by wic participation case of a state that participated in a program under of the agriculture, rural food and drug administration ORG , and agencies appropriations act, 2010 DATE law 123 CARDINAL stat. 2132 CARDINAL ) calendar year 2018 DATE using a wic summer ebt benefits issued to subsection (a) by such a state only be used by the eligible household receives such summer DATE ebt benefits to 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00325 fmt 6652 CARDINAL sfmt 6201 CARDINAL supplemental foods from that have been approved for special nutrition program and children section 17 LAW of the child act of 1966 DATE ( 42 u.s.c QUANTITY . or section; or the program under food (as defined in section of the food and nutrition act of (7 u.s.c. 2011(k))) from retail stores that have been approved participation in the supplemental assistance program under such act, in accordance section 7(b LAW ) of such act (7 2016(b)). other ebt issued pursuant to subsection (a) a state not described in clause (i) may be used by the eligible household that such summer ebt benefits to 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00326 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL food (as defined in section 3(k LAW ) the food and nutrition act of 2008 DATE (7 2011(k))) from retail food stores have been approved for participation the supplemental nutrition assistance established under such act, in with section 7(b CARDINAL ) of such act (7 2016(b)). benefits issued by covered tribal ebt issued pursuant to subsection (a) by a indian NORP tribal organization may only be by the eligible household that receives such ebt benefits to purchase foods from retailers that have been for participation the special supplemental nutrition for women, infants, and children section 17 LAW of the child nutrition of 1966 DATE ( 42 u.s.c QUANTITY . 1786 DATE ); or the program under this section. ebt benefits issued to subsection shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00327 fmt 6652 CARDINAL sfmt 6201 DATE for calendar year 2023 DATE , in an equal to $ 75 MONEY for each child in the household per month during the and for calendar year 2024 and each thereafter, in an amount equal to the described in clause (i), adjusted to nearest lower dollar increment to changes to the cost of the thrifty food (as defined in section 3(u LAW ) of the and nutrition act of 2008 DATE (7 u.s.c. for the 12-month DATE period ending november 30 of the preceding calendar and may be in the form of an ebt card; or through electronic delivery. enrollment in state in the program under this section with respect to a summer, enroll eligible children in the program this section without further application; establish procedures to carry out the described in subparagraph (a); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00328 fmt 6652 sfmt 6201 DATE require local educational agencies to eligible households to opt out of in the program under this section and procedures for opting out of such covered indian NORP tribal organization indian tribal participating in the program under this section to the maximum extent practicable, meet the under subparagraphs (a) through (c) paragraph ( 1 CARDINAL ). implementation and after 1, 2021 DATE , the secretary shall carry out a program make grants to states and covered indian NORP tribal to build capacity for implementing the program this section. alternate plans in the case of school secretary shall establish plans for when summer DATE ebt benefits may be pursuant to subsection (a) in the case of children are under a continuous school calendar. program addition otherwise available, there is appropriated each of fiscal years 2022 DATE through 2029 DATE , out of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00329 DATE fmt 6652 sfmt 6201 CARDINAL money in the treasury ORG not otherwise such sums, to remain available for the described in paragraph ( 2 CARDINAL ), as may be necessary carry out this section, including for administrative incurred by the secretary, states, covered tribal organizations, and local educational period respect to fiscal year DATE under paragraph ( 1 CARDINAL ), amounts made for such a fiscal year DATE under such shall remain available for the 2-year DATE period the date such amounts are made available. implementation grant to amounts otherwise available, including paragraph ( 1 CARDINAL ), there is appropriated for fiscal 2022 DATE , out of any money in the treasury ORG not appropriated, $ 50,000,000 MONEY , to remain until expended, to carry out subsection (d). authority under this section shall on september 30, 2029 DATE . this section: covered indian NORP tribal term indian NORP tribal means an indian NORP tribal organization that in the special supplemental nutrition 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00330 fmt 6652 CARDINAL sfmt 6201 for women, infants, and children under section of the child nutrition act of 1966 DATE (42 u.s.c. eligible term means, with respect to a summer, a child who during the school year DATE immediately preceding certified to receive free or reduced lunch under the school lunch program this act; certified to receive free or reduced breakfast under the school breakfast under section 4 LAW of the child nutrition act 1966 ( 42 u.s.c QUANTITY . 1773 DATE ); or enrolled in a school described in (b), (c), (d), (e), or (f) of section eligible term means a household that includes at 1 CARDINAL eligible child. supplemental term means 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00331 fmt 6652 CARDINAL sfmt 6201 containing nutrients determined nutritional research to be lacking in the of children; and that promote the health of the served by the program under section, as indicated by relevant science, public health concerns, and eating patterns, as determined by secretary; and includes foods not described in (a) substituted by state agencies, the approval of the secretary, provide the nutritional equivalent foods described in such subparagraph; allow for different cultural eating than foods described in such 24004 DATE . school kitchen equipment grants. in addition to amounts otherwise available, there appropriated to the secretary of agriculture for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 500,000,000 MONEY , to remain available until to award grants to states (as defined in section of the richard b. russell PERSON national school lunch ORG 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00332 fmt 6652 sfmt 6201 DATE (42 u.s.c. 1760(d))) to make competitive subgrants local educational agencies and schools to purchase with a value of greater than $1,000 MONEY that, with to the school lunch program established under the b. russell PERSON national school lunch ORG act ( 42 u.s.c QUANTITY . and the school breakfast program under section 4 LAW of the child nutrition act of 1966 DATE u.s.c. 1773 DATE ), is necessary to serve healthier meals, food safety, and increase scratch cooking. the secretary may set aside up to 5 percent PERCENT of funds made available under subsection (a) for the of training and technical assistance to support cooking, which may be administered by states or entities. 24005 DATE . healthy food incentives demonstration. in addition to amounts otherwise available, there appropriated to the secretary of agriculture for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 634,000,000 MONEY , to remain available until to provide competitive grants to states in with this section. a state that receives a grant under this section use such grant funds to make subgrants to local agencies and schools for activities that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00333 fmt 6652 CARDINAL sfmt 6201 CARDINAL serving healthy school meals and afterschool that meet discretionary goals established by secretary; increasing scratch cooking; conducting experiential nutrition education including school garden programs; procuring local, regional, and culturally foods and foods produced by underserved limited resource farmers, as defined by the to serve as part of the child nutrition under the richard b. russell PERSON national school act ORG ( 42 u.s.c QUANTITY . or the child act of 1966 DATE ( 42 u.s.c QUANTITY . reducing the availability of less healthy as defined by the secretary, during the school or carrying out additional activities to the development of healthy nutrition and activity habits among children. a state that receives a grant under this section use such grant funds to fund a statewide nutrition coordinator support individual school food authority education efforts; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00334 fmt 6652 CARDINAL sfmt 6201 CARDINAL facilitate collaboration with other nutrition efforts in the state. a state that receives a grant under this section not use more than 5 percent PERCENT of such grant funds to out administrative activities. in this section, the term has the meaning the term in section 12(d) of the richard b. russell school lunch PERSON act ( 42 u.s.c QUANTITY . 1760(d)). services and supports 25001 DATE . assistive technology. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 10,000,000 MONEY , to available until expended, to carry out the assistive act of 1998 DATE ( 29 u.s.c QUANTITY . 3001 CARDINAL et seq.). 25002. family violence prevention and services addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 27,000,000 MONEY , to available until expended, for necessary expenses to carry out sections 303 CARDINAL , 309 CARDINAL , and 313 CARDINAL of family violence prevention and services act ( 42 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00335 fmt 6652 CARDINAL sfmt 6201 DATE and section 2204 LAW of the american NORP plan act of 2021 DATE (public law 25003 DATE . pregnancy assistance fund. 10214 DATE of the patient protection and care act ( 42 u.s.c QUANTITY . 18204 DATE ) is amended by striking period and inserting and $ 25,000,000 MONEY for each of DATE years 2022 DATE through 2024 DATE , to remain available until to carry out this 25004. funding for the aging network and addition to amounts available, there are appropriated for fiscal year 2022 DATE , of any money in the treasury not otherwise to the department of health and human $ 75,000,000 MONEY for the research, and evaluation center for the aging network carry out the activities of the center under 201(g) of the older americans LAW act of 1965 DATE ( 42 u.s.c QUANTITY . 3011(g)); $ 655,000,000 MONEY to carry out part b of title of the oaa ( 42 u.s.c QUANTITY . 3030d), including supportive services of the type made for fiscal year 2021 DATE and authorized such part; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00336 fmt 6652 CARDINAL sfmt 6201 investing in the aging services network the purposes of improving the availability of services, including investing in the services network workforce; the acquisition, alteration, or of facilities, including multipurpose senior and mobile units; and construction or modernization of to serve as multipurpose senior centers; $ 140,000,000 MONEY to carry out part c of title of the oaa ( 42 u.s.c QUANTITY . to support the modernization of and technology, including kitchen equipment delivery vehicles, to support the provision of nutrition services and home delivered services under such part; $ 150,000,000 MONEY to carry out part e of title of the oaa ( 42 u.s.c QUANTITY . section 373(e) of such part ( 42 u.s.c QUANTITY . $ 50,000,000 MONEY to carry out title vi of the (42 u.s.c. including part c of title ( 42 u.s.c QUANTITY . 3057k-11 CARDINAL ); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00337 fmt 6652 CARDINAL sfmt 6201 $50,000,000 MONEY to carry out the long-term care program under title vii of the oaa ( 42 $59,000,000 MONEY for technical assistance centers national resource centers supported under the including all such centers that received under title iv of the oaa (42 u.s.c. for fiscal year 2021 DATE , in order to support assistance and resource development to culturally appropriate care management and for older individuals with the greatest social including racial and ethnic minority $ 15,000,000 MONEY for technical assistance centers national resource centers supported under the that are focused on providing services for older who are underserved due to their sexual or gender identity; $ 1,000,000 MONEY for efforts of national training technical assistance centers supported under the support expanding the reach of the services network to more effectively assist individuals in remaining socially engaged active; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00338 fmt 6652 sfmt 6201 provide additional support in technical and training to the aging services to address the social isolation of older promote best practices and identify in the field; and continue to support a repository for designed to increase the ability of aging services network to tailor social activities to meet the needs of older and $ 5,000,000 MONEY to carry out section 417 CARDINAL of the ( 42 u.s.c QUANTITY . 3032f). appropriated by this subsection shall remain until expended. nonapplicability of certain non-federal contribution requirements sections 304(d)(1)(d) and 431(a) of the older act of 1965 DATE ( 42 u.s.c QUANTITY . 3024(d)(1)(d), and section 373(h)(2) of such act ( 42 u.s.c QUANTITY . shall not apply any amounts made available under this or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00339 fmt 6652 CARDINAL sfmt 6201 any amounts made available under section of the american NORP rescue plan act of 2021 DATE law 25005. office of the inspector general of the of health and human addition to amounts otherwise available, there is to the department of health and human for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 50,000,000 MONEY , to available until expended, for the office of inspector of the department of health and human for salaries ORG and expenses necessary for oversight, and audits of programs, grants, and projects under subtitles d and f of this title. 25006 DATE . technical assistance center for direct care and caregiving. in addition to amounts otherwise there is appropriated to the secretary of health human services, acting through the administrator the administration for community living, for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 5,000,000 MONEY , to remain available until 30, 2026 DATE , to establish, directly or through grants, or cooperative agreements, a national technical 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00340 fmt 6652 CARDINAL sfmt 6201 center (referred to in this section as the provide technical assistance for supporting care workforce recruitment, education and retention, career advancement, and for family caregivers and caregiving activities; develop and disseminate a set of replicable or evidence-based or evidence-informed or best practices recruitment, education and training, and career advancement of direct workers; services; and reducing barriers to accessing direct increasing access to alternatives to care services, assistive that reduce reliance on such services; provide recommendations for education and curricula for direct care workers; and provide recommendations for activities to support paid and unpaid family caregivers, expanding respite care. direct care worker term care has the meaning given such term in 22301 DATE . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00341 fmt 6652 sfmt 6201 on and commerce pollution 30101. clean heavy-duty vehicles. in addition to amounts available, there is appropriated to the of the environmental protection agency for year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 5,000,000,000 MONEY , to available until expended (except that no funds be disbursed after september 30, 2031 DATE ), to out section 132 LAW of the clean air act LAW , as added subsection (b). the funds appropriated paragraph ( 1 CARDINAL ), the administrator of the protection agency shall reserve 3 percent PERCENT for costs necessary to carry out section of the clean air act LAW , as added by subsection a of title i of the clean air ( 42 u.s.c QUANTITY . 7401 et seq.) is amended by adding at end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00342 fmt 6652 CARDINAL sfmt 6201 132 CARDINAL . clean heavy-duty vehicles. not later than 180 days DATE the date of enactment of this section, the shall implement a program to make awards of and rebates to eligible recipients, and to make of contracts to eligible contractors for providing for up to 100 percent PERCENT of costs replacing eligible vehicles with vehicles; infrastructure needed to charge, fuel, or zero CARDINAL -emission vehicles; workforce development and training to the maintenance, charging, fueling, and of zero CARDINAL -emission vehicles; and planning and technical activities to support adoption and deployment of zero CARDINAL -emission seek an award under this an eligible recipient or eligible contractor shall to the administrator an application in such form manner as the administrator shall prescribe. any amount appropriated to out this section, no less than 40 percent PERCENT shall be for awards to eligible recipients proposing to replace vehicles to serve one or more communities located 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00343 fmt 6652 sfmt 6201 an air quality area designated pursuant to section 107 CARDINAL nonattainment for any air pollutant. purposes of this section: eligible term means a contractor that is a or nonprofit entity that has the to sell zero CARDINAL -emission vehicles, or or other equipment needed to charge, or maintain zero CARDINAL -emission vehicles, to or entities that own an eligible vehicle; to arrange financing for such a sale. eligible term a state or local governmental entity; an indian NORP tribe (as defined in section or a nonprofit school transportation an eligible contractor. eligible term means a class 6 CARDINAL or class 7 CARDINAL heavy-duty as defined in section 1037.801 LAW of title 40 DATE , code federal regulations (as in effect on the date of of this section). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00344 fmt 6652 sfmt 6201 zero CARDINAL -emission means a vehicle that has a that produces, under any possible mode or condition, zero CARDINAL exhaust emission any air pollutant that is listed to section 108(a) (or any precursor to such air pollutant); and any greenhouse 30102 CARDINAL . grants to reduce air pollution at ports. a of title i of the clean air act LAW ( 42 u.s.c QUANTITY . 7401 seq.), as amended, is further amended by adding at the the following: 133 CARDINAL . grants to reduce air pollution at ports. in addition to amounts available, there is appropriated to the administrator fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 3,500,000,000 MONEY , to remain until expended (except that no funds shall be after september 30, 2031 DATE ), to award rebates and to eligible recipients on a competitive basis purchase or install zero CARDINAL -emissions port and technology for use at, or to directly one CARDINAL or more ports; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00345 CARDINAL fmt 6652 sfmt 6201 CARDINAL conduct any relevant planning or in connection with such zero CARDINAL -emissions port and technology; and develop qualified climate action plans. the funds made available by section, $ 875,000,000 MONEY shall be reserved for awards eligible recipients to carry out activities with respect ports located in nonattainment areas for any air shall not be awarded under this to purchase fully automated equipment or terminal infrastructure that is for fully automated cargo-handling or by any recipient or sub-recipient to construction, alteration, installation, or repair that is not located at, or does not directly the one CARDINAL or more ports involved. administration of the funds available by this section, the administrator shall 2 percent PERCENT for administrative costs necessary to carry this section. purposes of this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00346 fmt 6652 CARDINAL sfmt 6201 eligible term a port authority; a state, regional, local, or tribal that has jurisdiction over a port or a port; an air pollution control agency; or a private entity (including any organization) applies for a grant under this in partnership with an entity in subparagraphs (a), (b), or (c); port. owns, operates, or uses the cargo-handling equipment, equipment, or related technology of qualified climate action climate action means a detailed strategic plan establishes goals, and accounting and inventory (including practices used to measure towards stated goals) to reduce at one CARDINAL or more ports 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00347 fmt 6652 CARDINAL sfmt 6201 CARDINAL greenhouse gases; any air pollutant that is listed to section 108(a) (or any to such an air pollutant); and hazardous air pollutants; and includes a strategy to collaborate communicate with, and address potential on stakeholders that may be affected by of such plan, including and disadvantaged near-port communities. zero CARDINAL -emissions port equipment and and means any equipment or produces zero CARDINAL emissions of any air that is listed pursuant to section (or any precursor to such an air and any greenhouse gas other than water or captures 100 percent of such produced by an ocean-going vessel at 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00348 fmt 6652 CARDINAL sfmt 6201 30103 DATE . greenhouse gas reduction fund. a of title i of the clean air act LAW ( 42 u.s.c QUANTITY . 7401 seq.), as amended, is further amended by adding at the the following: 134 CARDINAL . greenhouse gas reduction fund. addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 7,495,000,000 MONEY to the administrator, to available until expended (except that no shall be disbursed after september 30, 2026 DATE ), make grants, on a competitive basis and not later 180 calendar days DATE after the date of enactment this section, to states, units of local government, district of columbia, territories of the united tribal governments, and eligible recipients the purposes of providing financial and technical to enable low-income and disadvantaged to deploy zero CARDINAL -emission technologies, distributed zero CARDINAL -emission technologies on rooftops, and to carry out other gas emission reduction activities, as appropriate by the administrator in with this section; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00349 fmt 6652 CARDINAL sfmt 6201 $19,995,000,000 MONEY to the administrator, to available until expended (except that no shall be disbursed after september 30, 2026 DATE ), make grants, on a competitive basis and not later 180 calendar days DATE after the date of enactment this section, to eligible recipients, of which shall be used to provide financial in low-income and disadvantaged and $ 10,000,000 MONEY to the administrator, to available until expended (except that no funds be disbursed after september 30, 2031 DATE ), for administrative costs necessary to carry out under this section. use of eligible recipient that a grant pursuant to subsection (a) shall operate in with the following: direct eligible use a broad range of finance and tools to provide financial assistance to projects at the national, regional, and local levels, including, as applicable, both concessionary and market rate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00350 fmt 6652 sfmt 6201 DATE prioritize qualified that would otherwise lack access to retain, manage, recycle, and monetize repayments and other revenue received from interest, repaid loans, and all other types financial assistance provided using grant under this section to ensure continued and meet any requirements set forth by administrator to ensure accountability and management of funds appropriated by section. indirect eligible shall provide financial and technical to establish new or support existing public, or nonprofit entities that provide assistance to qualified projects at the state, territorial, or tribal level or in the district of including community- and lenders and capital providers. this section: eligible term means a nonprofit organization 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00351 fmt 6652 sfmt 6201 is designed to provide capital, by leveraging private capital, and other of financial assistance for the rapid of low- and zero CARDINAL -emission products, and activities; does not take deposits, other than repayments and other revenue received financial assistance provided using grant under this section; is funded by public or charitable and invests in or finances projects alone in conjunction with other investors. qualified term includes any low- or zero CARDINAL -emission project, or activity reduces or avoids greenhouse gas and other forms of air pollution in with, and by leveraging investment the private sector; or assists communities in the efforts of communities to reduce or avoid gas emissions and other forms of air 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00352 fmt 6652 CARDINAL sfmt 6201 zero CARDINAL -emission term means any technology produces zero CARDINAL emissions any air pollutant that is listed to section 108(a) (or any precursor to such air pollutant); and any greenhouse 30104 DATE . collaborative community wildfire air in addition to amounts otherwise there is appropriated to the administrator of the protection agency for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended (except no funds shall be disbursed after september 30 DATE , for grants authorized under section 103 LAW of the air act ( 42 u.s.c QUANTITY . 7403) to assist eligible entities developing and implementing collaborative community to prepare for smoke from wildfires, reduce risks smoke exposure due to wildfires, and mitigate the and environmental effects of smoke from wildfires. technical administrator of environmental protection agency may use amounts available under subsection (a) to provide technical to any eligible entity 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00353 fmt 6652 CARDINAL sfmt 6201 submitting an application for a grant to be pursuant to this section; or carrying out a project using a grant made to this section. administrative the amounts made under subsection (a), the administrator of the protection agency shall reserve 7.5 CARDINAL for administrative costs to carry out this section. eligible this section, the term means a state, a territory, a unit of local (including any special district, such as an air management district), or an indian NORP tribe. 30105 CARDINAL . diesel emissions reductions. in addition to amounts otherwise there is appropriated to the administrator of the protection agency for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended (except no funds shall be disbursed after september 30 DATE , to address diesel emissions, of $ 100,000,000 MONEY shall be for grants, rebates, and other environmental protection agency under subtitle g of title vii of the energy act of 2005 DATE ( 42 u.s.c QUANTITY . 16131 DATE through to identify and reduce diesel emissions 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00354 fmt 6652 CARDINAL sfmt 6201 DATE from goods movement facilities, and vehicles goods movement facilities, in low-income disadvantaged communities to address the impacts of such emissions on such $ 50,000,000 MONEY shall be for grants, rebates, and other environmental protection agency under subtitle g of title vii of the energy act of 2005 DATE ; and $ 20,000,000 MONEY shall be for grants, rebates, and other environmental protection agency under subtitle g of title vii of the energy act of 2005 DATE to identify and reduce diesel in low-income and disadvantaged to address the health impacts of such on such communities. administrative administrator of environmental protection agency shall reserve 5 CARDINAL of the amounts made available under subsection (a) the administrative costs necessary to carry out pursuant to such subsection. 30106 DATE . funding to address air pollution. in addition to amounts otherwise there is appropriated to the administrator of the protection agency for fiscal year 2022 DATE , out 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00355 fmt 6652 CARDINAL sfmt 6201 any money in the treasury not otherwise appropriated, to remain available until expended (except no funds shall be disbursed after september 30 DATE , to address air pollution, of $ 265,000,000 MONEY shall be for grants and other authorized under sections 102 CARDINAL , 103 CARDINAL , and of the clean air act LAW ( 42 u.s.c QUANTITY . 7402, 7403 DATE , 7405 DATE ), of $ 122,000,000 MONEY shall be to deploy, support, and maintain fenceline and screening air monitoring, including air toxics trend stations and other air and community monitoring; $ 75,000,000 MONEY shall be to expand the ambient air quality monitoring network new multipollutant monitoring stations to replace, repair, operate, and maintain monitors; $ 3,000,000 MONEY shall be to deploy, and operate air quality sensors in and disadvantaged communities; and $ 15,000,000 MONEY shall be for testing and agency activities to address emissions wood heaters; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00356 fmt 6652 sfmt 6201 $50,000,000 MONEY shall be for monitoring of methane; $ 50,000,000 MONEY shall be to carry out, with to greenhouse gases, sections 111 CARDINAL , 115 CARDINAL , 169 CARDINAL , 202 CARDINAL , 211 CARDINAL , 213 CARDINAL , 231 CARDINAL , and 612 CARDINAL , and other of the clean air act LAW ( 42 u.s.c QUANTITY . 7411 DATE , 7415 DATE , 7507 DATE , 7521 DATE , 7545 DATE , 7547 DATE , 7571 DATE , 7671k DATE , and and $ 5,000,000 MONEY shall be to provide grants to to adopt and implement greenhouse gas and standards for mobile sources pursuant section 177 CARDINAL of the clean air act LAW (42 u.s.c. administration of the funds available pursuant to subsection (a)(1), the of the environmental protection agency shall 5 percent PERCENT for activities funded pursuant to such other than grants. 30107 DATE . funding to address air pollution at addition to amounts otherwise available, there is to the administrator of the environmental agency for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 50,000,000 MONEY , remain available until expended, for grants, rebates, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00357 fmt 6652 CARDINAL sfmt 6201 and other activities to monitor and reduce air and greenhouse gas emissions at schools in low- and disadvantaged communities under subsections through (c) of section 103 LAW of the clean air act LAW ( 42 7403 DATE ) and section 105 LAW of that act ( 42 u.s.c QUANTITY . of which the administrator shall reserve not less 25 percent PERCENT for technical assistance to such to address environmental issues; to develop school environmental quality that include standards for school building, construction, and renovation; and to identify and mitigate ongoing air hazards. 30108 CARDINAL . low emissions electricity program. a of title i of the clean air act LAW ( 42 u.s.c QUANTITY . 7401 seq.), as amended, is further amended by adding at the the following: 135 CARDINAL . low emissions electricity program. addition to amounts available, there is appropriated to the for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 100,000,000 MONEY , to remain until expended (except that no funds shall be after september 30, 2031 DATE ), to carry out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00358 CARDINAL fmt 6652 CARDINAL sfmt 6201 use of the amounts made by subsection (a), the administrator shall not less than $10,000,000 MONEY for consumer- education and partnerships with respect to in greenhouse gas emissions that result domestic electricity generation and use; not less than $10,000,000 MONEY for education, assistance, and partnerships within and disadvantaged communities with respect to in greenhouse gas emissions that result domestic electricity generation and use; not less than $10,000,000 MONEY for outreach and technical assistance, including partnerships, with respect to reductions in gas emissions that result from domestic generation and use; not less than $10,000,000 MONEY for outreach technical assistance to state and local including through partnerships, with respect reductions in greenhouse gas emissions that result domestic electricity generation and use; not less than $1,000,000 MONEY to assess, not than the date that is 1 year DATE after the date of of this section, the reductions in gas emissions that result from changes in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00359 fmt 6652 CARDINAL sfmt 6201 electricity generation and use that are to occur on an annual DATE basis through fiscal 2031 DATE ; and not less than $20,000,000 MONEY to carry out section to ensure that the anticipated reductions greenhouse gas emissions from domestic generation and use as assessed under (5) are achieved through use of the of this act, including through the establishment requirements under this 30109 DATE . funding for section 211 LAW of the clean air addition to amounts otherwise available, there is to the administrator of the environmental agency for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 15,000,000 MONEY , remain available until expended, to carry out section of the clean air act LAW ( 42 u.s.c QUANTITY . 7545), of not less than $5,000,000 MONEY shall be for the and establishment of tests and regarding the environmental and public health of a fuel or fuel additive; internal and data collection and analyses to regularly applicable regulations, guidance, and for determining lifecycle greenhouse gas 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00360 fmt 6652 sfmt 6201 CARDINAL of a fuel; and the review, analysis and of the impacts of all transportation fuels, fuel lifecycle implications, on the general and on low-income and disadvantaged and not less than $5,000,000 MONEY shall be for new to industry and other related activities to investments in advanced biofuels. 30110 DATE . funding for implementation of the and act. in addition to amounts otherwise there is appropriated to the administrator of the protection agency for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , to carry out section 103 CARDINAL of division s of public law of $ 3,500,000 MONEY shall be to deploy new and compliance tools; and $ 15,000,000 MONEY shall be for competitive grants reclaim and innovative destruction technologies. administration of the funds available pursuant to subsection (a)(2), the of the environmental protection agency shall 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00361 CARDINAL fmt 6652 CARDINAL sfmt 6201 5 percent PERCENT for administrative costs of carrying out section 103 LAW . 30111. funding for enforcement technology public information. addition to amounts otherwise available, there is to the administrator of the environmental agency for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 50,000,000 MONEY , remain available until expended (except that no funds be disbursed after september 30, 2031 DATE ), to address pollution, of $ 37,000,000 MONEY shall be to update integrated information system of the protection agency and any associated necessary information technology or public access software tools to ensure access compliance data and related information; $ 7,000,000 MONEY shall be for grants to states, tribes, and air pollution control agencies (as terms are defined in section 302 LAW of the clean act ( 42 u.s.c QUANTITY . 7602)) to update their systems ensure communication with such integrated information system and any associated and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00362 fmt 6652 CARDINAL sfmt 6201 $6,000,000 MONEY shall be to acquire or update software for use by the environmental agency, states GPE , indian NORP tribes, and air control agencies (as such terms are defined in 302 CARDINAL of the clean air act LAW ( 42 u.s.c QUANTITY . 7602)), to acquire necessary devices on which to run such software. 30112 CARDINAL . greenhouse gas corporate reporting. addition to amounts otherwise available, there is to the environmental protection agency of air and radiation for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until expended (except no funds shall be disbursed after september 30 DATE , for the environmental protection agency to enhanced standardization and transparency corporate climate action commitments and plans reduce greenhouse gas emissions; enhanced transparency regarding progress meeting such commitments and such plans; and progress toward meeting such commitments implementing such plans. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00363 fmt 6652 sfmt 6201 30113 DATE . environmental product declaration in addition to amounts otherwise there is appropriated to the administrator of the protection agency for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended (except no funds shall be disbursed after september 30 DATE , to develop and carry out a program, to be known the environmental product declaration assistance to support the development, and enhanced and transparency, of environmental declarations for construction materials and products, providing grants to businesses that construction materials and products for and verifying environmental product providing technical assistance to businesses manufacture construction materials and in developing and verifying environmental declarations; and carrying out other activities that assist in and steadily reducing the quantity of carbon of construction materials and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00364 fmt 6652 CARDINAL sfmt 6201 DATE administration of the amounts available under this section, the administrator of environmental protection agency shall reserve 7.5 CARDINAL for administrative costs necessary to carry out this this section: embodied term means the quantity of greenhouse gas associated with all relevant stages of of a material or product, measured in kilograms carbon dioxide-equivalent per unit of such or product. term product means a document that reports the impact of a material or product includes measurement of the embodied of the material or product; conforms with international standards, as a type iii environmental product as defined by the international for standardization standard 14025 DATE ; is developed in accordance with any reporting criteria specified by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00365 fmt 6652 CARDINAL sfmt 6201 of the environmental protection fee. 30114 CARDINAL . environmental protection agency addition to amounts available, there is appropriated to the administrator the environmental protection agency for fiscal year DATE out of any money in the treasury ORG not otherwise $ 75,000,000 MONEY , to remain available until (except that no funds shall be disbursed after 30, 2024 DATE ), to carry out section 136 CARDINAL of the clean act, as added by this section. a of title i of the clean air ( 42 u.s.c QUANTITY . 7401 et seq.), as amended, is further by adding at the end the following: 136 CARDINAL . methane fee from petroleum and natural systems. in administrator shall impose collect a fee from the owner or operator of each facility that is required to report methane emissions to subpart w of part 98 CARDINAL of title 40 DATE , code of regulations (or any successor regulations). applicable purposes of this the term means a facility the following industry segments, as defined in subpart 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00366 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL of part 98 CARDINAL of title 40 DATE , code of federal regulations (or successor regulations): offshore petroleum and natural gas onshore petroleum and natural gas natural gas processing, natural gas transmission and compression. underground natural gas storage. liquefied natural gas storage. liquefied natural gas import and export and boosting. onshore petroleum and natural gas onshore natural gas transmission pipeline fee amount of a fee imposed collected under subsection (a) for an applicable facility be equal to the product obtained by subject to subsection (d), the number of of methane reported for the applicable facility to subpart w of part 98 CARDINAL of title 40 DATE , code federal regulations (or any successor during the previous reporting period; and $ 1500 MONEY . intensity 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00367 fmt 6652 CARDINAL sfmt 6201 petroleum and natural gas respect to imposing and collecting the under subsection (a) for an applicable facility in industry segment listed in paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ) subsection (b), the administrator shall impose collect the fee on the reported tons of methane that exceed 0.20 percent PERCENT of the natural sent to sale from such facility. nonproduction petroleum and gas respect to imposing and the fee under subsection (a) for an facility in an industry segment listed in ( 3 CARDINAL ), ( 5 CARDINAL ), ( 6 CARDINAL ), (7), or (8) of subsection (b), the shall impose and collect the fee on the tons of methane emissions that exceed 0.05 CARDINAL of the natural gas sent to sale from such natural gas to imposing and collecting the fee under (a) for an applicable facility in an industry listed in paragraph ( 4 CARDINAL ) or (9) of subsection the administrator shall impose and collect the on the reported tons of methane emissions that 0.11 percent PERCENT of the natural gas sent to sale such facility. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00368 fmt 6652 CARDINAL sfmt 6201 fee under subsection (a) shall be and collected beginning with respect to emissions for calendar year 2023 DATE and for each year DATE addition to other in this act addressing air pollution from the oil natural gas sectors, the administrator may issue or regulations as necessary to carry out this later than 2 years DATE after the of enactment of this section, and as necessary the administrator shall revise the requirements of w of part 98 CARDINAL of title 40 DATE , code of federal to reduce the facility emissions threshold reporting under such subpart and for paying the imposed under this section to 10,000 metric tons QUANTITY carbon dioxide equivalent of greenhouse gases per year; and to ensure the reporting under such and calculation of fees under subsection (c) of section, are based on empirical data and reflect the total methane emissions from the facilities. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00369 fmt 6652 CARDINAL sfmt 6201 liability for fee facility or liability for payment of the fee under (a) is not affected in any way by emission permit fees, penalties, or other requirements this act or any other legal authorities. use of transfer of each fiscal year DATE , the secretary of the treasury shall, further appropriation, transfer to the an amount equal to 75 percent PERCENT of the received during the preceding fiscal year DATE as result of the methane fee in subsection (a). use of administrator shall, further appropriation, use the amounts under paragraph ( 1 CARDINAL ) (except that no shall be disbursed after september 30 DATE , to cover all direct and indirect costs to develop and administer this section, the costs implementing the fee; continuous emissions and methane and other greenhouse gas 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00370 fmt 6652 sfmt 6201 preparing generally applicable or guidance; modeling, analyses, and and preparing inventories, gathering data, and tracking emissions; for grants, rebates, contracts and activities of the environmental protection for the purposes of providing financial technical assistance to owners and of applicable facilities preparing and greenhouse gas reports under subpart of part 98 CARDINAL of title 40 DATE , code of federal (or successor regulations); for grants, rebates, contracts, and activities of the environmental protection authorized under section 103 LAW for emissions monitoring; and for grants, rebates, contracts, and activities of the environmental protection for the purposes of providing financial technical assistance to reduce methane and greenhouse gas emissions from petroleum natural gas systems, mitigate legacy air from petroleum and natural gas 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00371 fmt 6652 sfmt 6201 and provide support for communities, funding improving climate resiliency of and petroleum and natural systems; improving and deploying equipment and processes that reduce and other greenhouse gas supporting innovation in methane and other greenhouse gas from petroleum and natural gas mitigating health effects of and other greenhouse gas and legacy air pollution from and natural gas systems in and disadvantaged communities; and supporting environmental materials 30201 DATE . superfund investments. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00372 DATE fmt 6652 sfmt 6201 to remain available until expended, for actions carried out by federal agencies, with section 120 CARDINAL of the comprehensive response, compensation, and liability act of ( 42 u.s.c QUANTITY . 9620 CARDINAL ) at federal facilities included on national priority list published pursuant to section of such act ( 42 u.s.c QUANTITY . 9605), which shall not supplant, individual agency appropriations for response actions. 30202 DATE . funding to address toxics in schools. addition to amounts otherwise available, there is to the administrator of the environmental agency for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 50,000,000 MONEY , remain available until expended, for grants, contracts, other activities to reduce pollution at schools in low- and disadvantaged communities under title v of toxic substances control act ( 15 u.s.c QUANTITY . 2695 CARDINAL et 30203 CARDINAL . grants to reduce waste in communities. in addition to amounts otherwise there is appropriated to the administrator of the protection agency for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended (except 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00373 fmt 6652 sfmt 6201 no funds shall be disbursed after september 30 DATE , to make grants, on a competitive basis, to eligible minimize the amount of waste generated manufacturing processes or when consumer are disposed of, including by encouraging or manufacturing redesign or redevelopment reduces packaging and waste byproducts; construct, expand, or modernize for organics recycling and reuse, including any machinery, or equipment used to collect and organic material; create market demand or manufacturing for recovered, recyclable, or recycled and products; waste; or support projects and programs that reduce support the development and of activities that reduce the amount of waste of in landfills, expanding the availability of curbside waste collection; encouraging diversion of organic waste landfills; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00374 fmt 6652 CARDINAL sfmt 6201 increasing fees imposed on the disposal waste, including organic waste, at landfills. the funds made available this section, the administrator of the protection agency shall reserve $ 300,000,000 MONEY for for projects in low-income or disadvantaged administration of the funds available under this section, the administrator of environmental protection agency shall reserve 2 CARDINAL for administrative costs to carry out this section. definition of eligible this the term a single unit of state, local, or tribal a partnership of multiple units of state, or tribal governments; a partnership of one CARDINAL or more units of state, or tribal governments and one CARDINAL or more for- or nonprofit organizations; or a nonprofit organization or a partnership of organizations. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00375 fmt 6652 sfmt 6201 30204 DATE . environmental and climate justice grants. addition to amounts available, there is appropriated to the administrator the environmental protection agency for fiscal year DATE out of any money in the treasury ORG not otherwise $ 5,000,000,000 MONEY , to remain available until (except that no funds shall be disbursed after 30, 2031 DATE ), to carry out this section. in administrator of the protection agency may use amounts available under subsection (a) to award grants periods of up to 3 years DATE to eligible entities to out activities described in paragraph ( 2 CARDINAL ) that disadvantaged communities, as defined by administrator. eligible eligible entity use a grant awarded under this subsection investments in community zero CARDINAL -emission, and emission-reducing including construction of such climate resiliency, mitigation, and projects, including projects related to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00376 fmt 6652 CARDINAL sfmt 6201 CARDINAL heat islands, extreme heat, wood heater and wildfire events; community-led pollution monitoring, and remediation, including any job training programs; reducing indoor toxics and indoor air facilitating engagement of communities in state and federal public including facilitating such advisory groups, workshops, and or any other activity the administrator of environmental protection agency appropriate. eligible this subsection, term a partnership between an indian NORP a local government, or an institution of education and a community-based organization; or organizations. a community-based nonprofit a partnership of community-based 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00377 fmt 6652 CARDINAL sfmt 6201 awarding grants under this the administrator of the environmental agency shall give priority to eligible described in subparagraph (b) or (c) of ( 3 CARDINAL ). technical administrator of environmental protection agency shall reserve of the amounts made available under (a) for grants or contracts for technical assistance the united states GPE related to grants awarded this section. water 30301 DATE . lead service line replacement. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to make capitalization grants under 1452 of the safe drinking water act ( 42 u.s.c QUANTITY . to remain available until expended, for full lead line replacement projects and associated activities connected to the identification, planning, design, full replacement of lead service lines, of which shall be for subsidies to disadvantaged (as defined in subsection (d)(3) of such in the form of loans, with 100 percent PERCENT forgiveness 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00378 fmt 6652 CARDINAL sfmt 6201 CARDINAL principal, or grants, notwithstanding subsection (d)(2) such section. prohibition on partial line funds made available under this section may used for partial replacement of lead service lines. no made available under section may not be used as a source of payment of, security for (directly or indirectly), in whole or in part, obligation the interest on which is exempt from the imposed under chapter 1 LAW of the internal revenue code 1986 DATE . 30302 CARDINAL . community water system risk and addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 500,000,000 MONEY , remain available until expended, for grants under 1433(g) of the safe drinking water act ( 42 u.s.c QUANTITY . 30303 CARDINAL . grants for state programs. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until expended, for grants under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00379 fmt 6652 sfmt 6201 1443 of the safe drinking water act ( 42 u.s.c QUANTITY . 30304. assistance for colonias. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until expended, for grants under 1456 DATE of the safe drinking water act ( 42 u.s.c QUANTITY . 30305. grants to reduce lead in school water. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 700,000,000 MONEY , remain available until expended, for grants under 1464 and 1465 DATE of the safe drinking water act ( 42 CARDINAL and 300j-25 CARDINAL ), of $ 420,000,000 MONEY shall be for grants for the and maintenance of lead filtration stations schools and child care programs; $ 150,000,000 MONEY shall be for grants under 1464(d DATE ); and $ 50,000,000 MONEY shall be for grants under 1465(b)(1) to pay the costs of replacement of water fountains in schools. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00380 fmt 6652 CARDINAL sfmt 6201 30306 DATE . grants for indian NORP reservation drinking infrastructure. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until expended, to implement eligible under section 2001 of water act of 2018 DATE ( 42 u.s.c QUANTITY . 300j-3c CARDINAL note), the geographic limitations in that section. 30307 CARDINAL . assistance for areas affected by disasters. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until expended, for grants under 2020 DATE of water infrastructure act of 2018 DATE u.s.c. 300j-12 CARDINAL note), of which, notwithstanding (a)(2) of such section, $ 10,000,000 MONEY shall be to make grants to guam, the virgin islands, samoa, and the northern mariana islands for the of providing assistance to eligible systems to or increase compliance with national primary water regulations in an underserved area. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00381 fmt 6652 CARDINAL sfmt 6201 30308. assistance for disadvantaged addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 200,000,000 MONEY , remain available until expended, for grants under 1459a(b) of the safe drinking water act ( 42 u.s.c QUANTITY . 30309 CARDINAL . grants for contaminant monitoring. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until expended, to make grants to pay the costs of monitoring required under section of the safe drinking water act ( 42 u.s.c QUANTITY . 30310 DATE . technical assistance to small public systems. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until expended, to provide technical under section 1442(e) of the safe drinking water ( 42 u.s.c QUANTITY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00382 fmt 6652 sfmt 6201 30311. funding for water assistance program. in addition to amounts otherwise there is appropriated to the secretary of health human services (in this section referred to as the for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 500,000,000 MONEY , remain available until expended, for grants to states indian NORP tribes to assist low-income households, those with the lowest incomes, that pay a high of household income for drinking water and services, by providing funds to owners or of public water systems or treatment works to reduce of and rates charged to such households for services. secretary allot amounts appropriated in this section to state or indian NORP tribe based the percentage of households in the or under the jurisdiction of the indian NORP with annual DATE income equal to or less than percent PERCENT of the federal poverty line; and the percentage of households in the or under the jurisdiction of the indian NORP that spend more than 30 percent PERCENT of income on housing; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00383 fmt 6652 sfmt 6201 CARDINAL reserve up to 3 percent PERCENT of the amount in this section for indian NORP tribes and organizations. this section, the term each of the 50 CARDINAL states of the united states GPE , the of columbia, the commonwealth of puerto rico GPE , samoa, guam, the virgin islands, and the of the northern mariana islands. electricity performance 30411 DATE . clean electricity performance addition to amounts available, there is appropriated to the of energy for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to remain available until september 2031 DATE (except that no funds shall be disbursed september 30, 2031 DATE ), for the administrative of carrying out section 224 CARDINAL of the federal act (as added by this section). addition to amounts otherwise there is appropriated to the secretary of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00384 fmt 6652 CARDINAL sfmt 6201 for each of fiscal years 2023 DATE through 2031, of any money in the treasury ORG not otherwise such sums as are necessary to issue under section 224 LAW of the federal power act added by this section) (except that no funds be disbursed after september 30, 2031 DATE ). ii of the federal power act is by adding after section 223 LAW ( 16 u.s.c QUANTITY . 824w) following: 224 CARDINAL . clean electricity performance program. establishment of later than year DATE after the date of enactment of this section, the shall establish a program issue grants for each of calendar years through 2030 DATE to eligible electricity suppliers in with this section; and collect payments for each of calendar years through 2030 DATE from eligible electricity suppliers accordance with this section. grants to eligible electricity eligibility for in as provided in (b), an eligible electricity shall be eligible for a grant under this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00385 fmt 6652 CARDINAL sfmt 6201 for a performance year DATE if the certified electricity percentage of the eligible supplier for that performance year DATE is by at least 4 CARDINAL percentage points from the the highest certified clean percentage of the eligible electricity for any year prior to that year DATE ; or the baseline clean electricity of the eligible electricity supplier. respect to a year DATE in which an eligible electricity submitted a payment under this section the year DATE prior to that performance year DATE , the electricity supplier shall be eligible for a under this section if the certified clean percentage of the eligible electricity for that performance year DATE is increased at the number of percentage points in subparagraph (a); plus the number of percentage points equals the sum described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00386 fmt 6652 CARDINAL sfmt 6201 (c)(2)(b) for the year DATE for which the was submitted. grant as in subsection (d), the secretary shall issue to eligible electricity supplier a grant under this for a performance year in an amount equal to for each megawatt-hour TIME of qualified clean validly claimed by the eligible electricity under subsection (e)(1)(a)(i) for that year DATE that exceeds the sum product obtained by the total load of the eligible supplier for that performance year; 0.015 CARDINAL ; and the greater the largest quantity of megawatt- of qualified clean electricity claimed the eligible electricity supplier under (e)(1)(a)(i) for any year DATE prior that performance year DATE ; or the quantity of megawatt-hours TIME by the baseline clean electricity 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00387 fmt 6652 CARDINAL sfmt 6201 of the eligible electricity initial calculating a grant performance year 2023 DATE , the product described in (2)(a) shall be obtained by substituting for 0.015 CARDINAL . in as provided in ( 3 CARDINAL ) and subsection (d), the secretary shall a payment for a performance year DATE in accordance this subsection from each eligible electricity that does not have a certified clean percentage for that performance year DATE that is by at least 4 CARDINAL percentage points above the the highest certified clean electricity of the eligible electricity supplier any year prior to that performance year; the baseline clean electricity of the eligible electricity supplier. payment each electricity supplier, the payment described in (1) shall be equal to the dollar amount is the product obtained by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00388 fmt 6652 CARDINAL sfmt 6201 $40 MONEY ; and the quantity of megawatt-hours TIME that the percentage of the total electricity of the eligible electricity supplier for the year DATE that is represented by the that equals the sum 4; plus the number that is equal the greater the highest certified electricity percentage of the electricity supplier year prior to that year; or the baseline clean percentage of the eligible supplier; minus the certified clean percentage of the eligible supplier for that performance secretary shall not a payment for a performance year from an electricity supplier that has a certified clean percentage for that performance year DATE that is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00389 CARDINAL fmt 6652 sfmt 6201 percent PERCENT or greater, subject to the condition that certified clean electricity percentage of the electricity supplier for that performance year DATE is less than the certified clean electricity of the eligible electricity supplier for the year DATE to that performance year DATE . secretary shall collect a under this section from an eligible supplier not later than 6 months DATE after the on which the eligible electricity supplier submits under eligible electricity may not recover the cost of a payment under this section from any person other the shareholders or owners of the eligible supplier. deferral of grants and in to paragraph ( 2 CARDINAL ), respect to any of calendar years 2023 DATE through an eligible electricity supplier may elect to a grant or a payment for the calendar year DATE , shall notify the secretary of such election at time and in such form as the secretary 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00390 fmt 6652 sfmt 6201 eligible electricity may not make an election described in (1) for a calendar year DATE if the eligible supplier made that election for the preceding calendar years DATE . grant or payment following eligible electricity making an election under this shall be eligible for a grant, or shall a payment, for a performance year a deferred year based on whether its clean electricity percentage increased, on by 4 CARDINAL or more percentage points in that year DATE and each consecutive deferred immediately preceding that performance amount of a grant payment pursuant to this subsection shall be on the calculations set forth in (b) and (c), respectively, adjusted to for the performance year and each year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00391 fmt 6652 sfmt 6201 each of calendar years through 2031, each eligible electricity shall submit to the secretary, by a determined by the secretary (but not later june a performance certification for preceding calendar year, using such and subject to such audit as the secretary determines the total electricity load of eligible electricity supplier in such calendar year; the quantity of megawatt- of qualified clean electricity that eligible electricity supplier claims such preceding calendar year for of this section; and the percentage of the total load certified under (i) that is qualified clean claimed under subclause (ii); a written assurance that the electricity supplier will promptly 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00392 fmt 6652 CARDINAL sfmt 6201 to any applicable commission, board, governance body that regulates the electricity supplier any grant received payment submitted by the eligible supplier under this section; and a compliance certification that eligible electricity supplier has with respect to each grant received payment submitted by the eligible supplier under this section, as all written assurances under this section; the requirements of ( 3 CARDINAL ); and requirements established the secretary to ensure the integrity of grants issued and collected under this section; may not receive a grant under this for a performance year DATE unless the electricity complies with subparagraph (a) respect to that performance year DATE ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00393 fmt 6652 CARDINAL sfmt 6201 submits to the secretary, for performance year, a written assurance accordance with section 803(b)(3) of the independence and security act (42 17282(b)(3)) purposes of any reference to a grant under that shall be considered to be a to a grant under this section). eligible electricity including each new eligible electricity supplier, provide sufficient information to the secretary, determined by the secretary, to establish its clean electricity percentage. use of eligible electricity shall use a grant received under this section for the benefit of the ratepayers of the electricity supplier, including direct bill to ratepayers, investments in qualified clean and energy efficiency, and worker this section: baseline clean electricity in as provided in (b), the term clean 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00394 fmt 6652 CARDINAL sfmt 6201 means, with respect to an electricity supplier, the average of the total electricity load of the eligible supplier for calendar years 2019 DATE and that is represented by, as determined by the average clean electricity of the eligible electricity supplier such calendar years DATE ; and a share of any unallocated clean electricity for such calendar new eligible electricity respect to a new eligible supplier, the term clean means the prevailing average electricity percentage of comparable electricity suppliers in the area in which the eligible electricity supplier provides end-use customers with electricity, as by the secretary. carbon dioxide equivalent term dioxide equivalent means, with respect to a greenhouse gas, the of metric tons QUANTITY of carbon dioxide emissions 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00395 fmt 6652 CARDINAL sfmt 6201 the same global warming potential over a 20- period as 1 metric ton QUANTITY of emissions of the gas, as determined by the secretary, into consideration relevant methods and described in assessment reports prepared by the panel on climate change. carbon term means the carbon dioxide equivalent released into the atmosphere from the of 1 megawatt-hour QUANTITY of electricity by an electric unit, as determined by the secretary. certified clean electricity term clean electricity means, with respect to an eligible electricity the percentage certified by the eligible supplier under subsection (e)(1)(a)(i)(iii), may only include qualified clean electricity respect to which the eligible electricity supplier the exclusive rights to the qualifying clean electricity electricity means, with to an eligible electricity supplier, the of the total electricity load of the eligible supplier that is qualified clean electricity, with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00396 DATE fmt 6652 CARDINAL sfmt 6201 to which the eligible electricity supplier holds exclusive rights to the qualifying attributes. eligible electricity electricity means, section 201(b)(1), any entity within the states, including an entity described in 201(f), provides end-use electricity customers electricity; and is granted the authority or has an pursuant to federal, state, or local law regulation to provide electricity to end-use customers. new eligible electricity term eligible electricity means an electricity supplier that did not provide to end-use electricity customers in both of years 2019 DATE and 2020 DATE . performance term means the calendar year DATE for which a was under qualified clean clean means electricity by an electric generating unit, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00397 fmt 6652 CARDINAL sfmt 6201 CARDINAL type or class thereof, that has a carbon that is not more than 0.10 CARDINAL . the secretary of energy. total electricity term electricity means, with respect to an electricity supplier, the total quantity, in of electricity provided by the eligible supplier to end-use electricity customers in calendar efficiency and rebates 30421 DATE . home energy ORG performance-based, whole- rebates and training grants. addition to amounts available, there is appropriated to the secretary of (referred to in this section as the for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 9,000,000,000 MONEY , to remain until september 30, 2031 DATE , to institute guidelines for energy offices to provide rebates to homeowners and for whole-house energy saving retrofits as under section 362 LAW of the energy policy and act ( 42 u.s.c QUANTITY . 6322), which shall be made as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00398 fmt 6652 sfmt 6201 CARDINAL home on-line performance-based efficiency (hope) contractor training in shall be for the secretary to award grants to through the state energy program, shall partner with nonprofit organizations fund qualifying programs described in (b) that provide training courses opportunities to support home energy upgrade construction services to train both on-line and in-person, to support provide for the home energy efficiency under paragraph ( 2 CARDINAL ). qualifying of this paragraph, qualifying programs programs provide the equivalent of at least hours TIME in total course time; are provided by a provider that is by the interstate renewable council ORG or has other accreditation to be equivalent by the secretary; are, with respect to a particular aligned with the relevant national 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00399 fmt 6652 sfmt 6201 CARDINAL energy laboratory job task or other credentialing program that helps identify the core knowledge areas, critical work or skills, as approved by the have established learning include, as the secretary appropriate, an appropriate of such learning objectives that may a final exam, to be proctored on- or through remote proctoring, or an field exam; and include training related contractor certification; energy auditing or home energy systems energy ORG star-qualified hvac and wi-fi-enabled home communications technology, or future technology that achieves same goals); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00400 fmt 6652 CARDINAL sfmt 6201 CARDINAL insulation installation and leakage control; health and safety regarding installation of energy efficiency or health and safety impacts with energy efficiency indoor air quality; energy efficiency retrofits manufactured housing; and residential electrification and conversion training. state energy office may use not than 10 percent PERCENT of the amounts made to the state energy office under this to administer a qualifying program in subparagraph (b), including for conduct of design and operations activities. terms and eligible use of the made available to a state under paragraph, 85 percent PERCENT shall be used by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00401 fmt 6652 sfmt 6201 to support the operations of programs, including modifying, or maintaining the systems, staff time, and and online program through a course that meets the criteria; to reimburse the contractor for training costs for to provide any home support needed for an to receive training pursuant to section; and to support wages of during training. made available under this shall be used, as necessary, to cover reimburse allowable costs incurred after date of enactment of this act. made available under this which are not accepted, are returned, or otherwise recaptured for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00402 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL reason shall be used to fund grants paragraph ( 2 CARDINAL ). home owner managing energy savings in percent of amounts available under this section shall be to the secretary to award grants to state offices to establish home owner energy savings (homes) rebate through the state energy program part b of title iii of the energy policy conservation act ( 42 u.s.c QUANTITY . 6291 et seq.), accordance with the formula for the state program in effect on january 1, 2021 DATE . carrying out this the secretary shall coordinate with energy offices to ensure that programs receive awards are formulated to achieve greenhouse gas emissions reductions household energy and costs savings. order to receive a under this section a state shall submit to secretary an application that includes a to implement a qualifying state program 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00403 fmt 6652 sfmt 6201 a plan to ensure that each home efficiency retrofit under the is completed by a contractor meets minimum training certification requirements, and requirements established by the and includes installation of 1 CARDINAL or home energy efficiency retrofit that are modeled to achieve, are shown to achieve, the minimum required in home energy or with respect to a portfolio of energy efficiency retrofits, in home energy use for such a to utilize, for purposes of performance home rebates, software, methods, and for determining and the reductions in home use resulting from the of a home energy efficiency 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00404 fmt 6652 sfmt 6201 that is calibrated to historical usage for a home consistent with 2400 CARDINAL , that are approved by the that can provide evidence necessary improvements to a state and that can help to models for accuracy; to utilize, for purposes of performance home rebates, advanced measurement verification software approved by secretary for determining and the monthly DATE and hourly TIME available) weather-normalized energy use of a home, the in monthly DATE and hourly TIME (if weather-normalized energy use a home resulting from the of a home energy efficiency and open-source advanced and verification software by the secretary; and to value savings based on or greenhouse gas 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00405 fmt 6652 sfmt 6201 CARDINAL procedures for a homeowner to the right to claim a rebate to the performing the applicable home an if the state program will aggregators; if the state program will utilize to facilitate delivery of rebates homeowners or contractors, for an entity to be eligible to serve an aggregator; quality monitoring to ensure that installation that receives a rebate is in a certificate, provided by contractor to the homeowner, that the work, including information about characteristics of equipment and installed, as well as projected energy or energy generation, in a way that enable the homeowner to clearly the value of the high-performing funded by the rebate to buyers, estate agents, appraisers and lenders; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00406 fmt 6652 CARDINAL sfmt 6201 a procedure for providing the performing a home energy retrofit or an aggregator who has right to claim such rebate with $ 200 MONEY each home located in an underserved that receives a home efficiency for which a rebate is provided the program. amount of rebates for single and multifamily the provided to a state energy office this section, 85 percent PERCENT shall be used to home owner managing energy savings rebates individuals and aggregators for the efficiency upgrades of single-family of not more than 4 $ 2,000 MONEY for a retrofit that at least 20 percent PERCENT modeled system savings or 50 percent PERCENT the project cost, whichever is lower; $ 4,000 MONEY for a retrofit that at least 35 percent PERCENT modeled system savings or 50 percent PERCENT 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00407 fmt 6652 sfmt 6201 the project cost, whichever is lower; for measured energy a payment per kilowatt hour TIME or kilowatt hour-equivalent equal to $ 2,000 MONEY for a 20 CARDINAL reduction of energy use for the home in the state, for homes portfolios of homes that achieve at 15 percent PERCENT energy savings, or 50 CARDINAL of the project cost, whichever lower; multifamily building owners and for the energy efficiency of multifamily $ 2,000 MONEY per dwelling unit for a that achieves at least 20 CARDINAL modeled energy system savings a maximum of $ 200,000 MONEY per building; $ 4,000 MONEY per dwelling unit for retrofit that achieves at least 35 CARDINAL modeled energy system up to a maximum of $ 400,000 MONEY multifamily building; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00408 CARDINAL fmt 6652 sfmt 6201 for measured energy a payment rate per kilowatt saved, or kilowatt saves, equal to $ 2,000 MONEY for a 20 CARDINAL reduction of energy use for average multifamily building in state, for multifamily buildings or of buildings that achieve at 15 percent PERCENT energy savings, or 50 CARDINAL of the project cost, whichever lower; or individuals and aggregators for energy efficiency upgrades of single homes of 4 CARDINAL units or less or buildings that are occupied by with an annual DATE income of less than percent PERCENT of the area median income as by the department of housing urban $ 4,000 MONEY for a retrofit that at least 20 percent PERCENT modeled system savings or 80 percent PERCENT the project cost, whichever is lower; $ 8,000 MONEY for a retrofit that at least 35 percent PERCENT modeled 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00409 fmt 6652 sfmt 6201 CARDINAL system savings or 80 percent PERCENT the project cost, whichever is lower; for measured energy a payment rate per kilowatt saved, or kilowatt saved, equal to $ 4,000 MONEY for a 20 CARDINAL reduction of energy use for average multifamily building in state, for multifamily buildings or of buildings that achieve at 15 percent PERCENT energy savings, or 80 CARDINAL of the project cost, whichever lower. than 25 CARDINAL of the funds provided to a state energy under this section shall be used for the of each of clauses (i), (ii), and (iii) of (d). eligibility of certain calculating total energy savings for family or multifamily homes under this a program may include savings from purchase of high-efficiency natural gas systems and water heaters certified 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00410 fmt 6652 sfmt 6201 the energy star program until the date is 6 years DATE after the date of enactment of act. to exceed 20 percent PERCENT any grant made with funds made available this paragraph shall be expended for and management development and technical available under this paragraph shall be for single family, multifamily, and housing rebates and the secretary in consultation with states, contractors, other technical experts design support, and contractor criteria as for the different building stock. use of amounts available through the high-efficiency home rebate program established subsection (b)(1) of section 124 LAW of the policy act of 2005 DATE ( 42 u.s.c QUANTITY . 15821 DATE ) amended by section 30422 LAW of this subtitle) be used in conjunction with the funds available under this section. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00411 fmt 6652 CARDINAL sfmt 6201 a gas utility, electric utility, or commercial, or government entity that may receive provided under a state program under this for 1 CARDINAL or more portfolios consisting of 1 CARDINAL or energy efficiency retrofits. contractor term an industry recognized certification may be obtained by a residential contractor advance the expertise and education of the in energy efficiency retrofits of buildings; and any other certification the secretary appropriate for purposes of the rebate program established under (a)(2). contractor term means a the business of which is to provide to residential building owners with to hvac systems, insulation, air sealing, other services that are approved by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00412 fmt 6652 CARDINAL sfmt 6201 that holds the licenses and insurance by the state in which the company services; and that provides services for which a may be provided pursuant to the homes program established under subsection energy star term star means the program established section 324a PRODUCT of the energy policy and act ( 42 u.s.c QUANTITY . 6294a). term means a with not more than 4 CARDINAL dwelling units or a housing unit (including a unit built before 15, 1976 DATE ), is located in the united states GPE ; was constructed before the date of of this act; and is occupied at least 6 months DATE out of hvac term means a is certified under the energy star year. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00413 fmt 6652 CARDINAL sfmt 6201 consisting of a heating component, a component, and an air-conditioning and the components of which may include air conditioning, a heat pump, a a boiler, a rooftop unit, and a window units. multifamily term means a building with 5 CARDINAL or more state energy term means the state agency responsible developing state energy conservation plans under 362 CARDINAL of the energy policy and conservation ( 42 u.s.c QUANTITY . 6322). underserved term a community located in a zip code includes 1 CARDINAL or more census tracts that are a low-income community; or a community of racial or ethnic concentration; or any other community that the determines is disproportionately 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00414 fmt 6652 CARDINAL sfmt 6201 to, or bears a disproportionate burden of, combination of economic, social, and 30422 CARDINAL . high-efficiency electric home rebate stressors. in 124 CARDINAL of the energy policy of 2005 DATE ( 42 u.s.c QUANTITY . 15821 DATE ) is amended to read as 124 CARDINAL . high-efficiency electric home rebate in addition to amounts available, there is appropriated to the for fiscal year 2022 DATE , out of any money in the to remain available until september 2031 DATE , to carry out this section, including to rebates under this section, of which the may use not more than $5,000,000 MONEY community and consumer education and related to this section; and more to administer this section; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00415 fmt 6652 sfmt 6201 to provide administrative and support to certified contractor qualified providers, states, and tribes. additional funding for tribal and low- or moderate-income addition to amounts otherwise available, is appropriated to the secretary for fiscal year DATE out of any money in the treasury ORG not appropriated, $ 5,500,000,000 MONEY , to remain until september 30, 2031 DATE , rebates under this section relating to electrification projects carried out in communities or for low- or households; and any necessary administrative or support for those qualified electrification high-efficiency electric home rebates qualified electrification high-efficiency electric home secretary shall establish a program the department, to be known as the electric home rebate under the secretary shall provide to homeowners 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00416 fmt 6652 CARDINAL sfmt 6201 CARDINAL owners of multifamily buildings high-efficiency home rebates, in accordance with this for qualified electrification projects carried at, or relating to, the homes or multifamily as applicable. amount of in to subsection a high-efficiency electric home rebate paragraph ( 1 CARDINAL ) shall be equal in the case of a qualified project described in subsection that installs a heat pump for water heating, not more than in the case of a qualified project described in subsection that installs a heat pump not more than $3,000 MONEY if heat pump hvac system has a capacity of not than btu per hour; or not more than $4,000 MONEY if heat pump hvac system meets star program cold climate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00417 fmt 6652 CARDINAL sfmt 6201 and is installed in a cold climate, determined by the secretary; not more than $1,500 MONEY if heat pump hvac system has a capacity of less than 27,500 CARDINAL per hour; or not more than $2,000 MONEY if heat pump hvac system meets star program cold climate and is installed in a cold climate, determined by the secretary; and $ 250 MONEY , in addition to the described in subclause (i) or a qualified electrification that installs air sealing, and ventilation in with clause (v) is completed 6 months DATE before or after the electrification project in that subclause; in the case of a qualified project described in subclause or (iv) of subsection (d)(11)(a)(i), more than $600 MONEY ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00418 fmt 6652 sfmt 6201 in the case of a qualified project described in subsection that installs an electric or service center panel that enables installation and use of any upgrade, system, equipment, component, or other item installed to any other qualified project, not more than $3,000 MONEY ; in the case of a qualified project described in subsection that air sealing, not more than $800 MONEY ; and in the case of any other qualified project, including a qualified project described in any of (i) through (iii) of subsection for which the secretary a high-efficiency electric home rebate, more than an amount determined by secretary for that qualified project, subject to subparagraph (b). limitations on amount of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00419 fmt 6652 CARDINAL sfmt 6201 CARDINAL maximum total to subsection (c)(1)(b), the maximum amount that may be awarded as high- electric home rebates under this shall be $ 10,000 MONEY with respect to home for which a high-efficiency home rebate is provided. in to ( c)(1)(c DATE ), the amount of a electric home rebate to a homeowner under this shall not exceed 50 percent PERCENT the total cost of the applicable electrification project. labor to ( c)(1)(c DATE ), not more than percent PERCENT of the labor costs with a qualified electrification may be included in the 50 CARDINAL of total costs for which a electric home rebate is under this subsection, as in subclause (i), subject to the that labor costs account for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00420 fmt 6652 CARDINAL sfmt 6201 CARDINAL more than 50 percent PERCENT of the of the high-efficiency electric rebate. limitations on high-efficiency home rebate may be provided for a electrification project carried out by a company only if that contractor is a certified contractor company. heat pump hvac electric home rebate may be for a qualified electrification project that or enables the installation of a heat hvac system only if the heat pump a nonelectric hvac system; system; or an air conditioning unit does not have a valve; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00421 fmt 6652 CARDINAL sfmt 6201 has a lower seasonal ratio than the pump hvac system; or is part of new construction, as by the secretary. heat pumps for water high-efficiency electric home rebate be provided for a qualified electrification that installs or enables the installation a heat pump used for water heating only if heat a nonelectric heat pump heater; or a nonelectric water heater; an electric resistance water is part of new construction, as by the secretary. and high-efficiency electric rebate may be provided for a qualified project described in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00422 fmt 6652 CARDINAL sfmt 6201 only if the applicable electric cooktop, range, or replaces a nonelectric stove, range, or oven; or is part of new construction, as by the secretary. electric heat pump clothes high-efficiency electric home may be provided for a qualified only if the applicable electric pump clothes replaces a nonelectric clothes or is part of new construction. additional incentives for and qualified general in respect to qualified electrification project in clause (ii), the secretary shall a payment of $ 100 MONEY to the certified company or qualified provider out the qualified electrification 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00423 fmt 6652 CARDINAL sfmt 6201 qualified electrification qualified project referred to in clause (i) a qualified electrification that is carried out at a home multifamily building; for which a rebate is under this subsection; and with respect to which the contractor company or provider is not eligible for a payment under any of (b) through (d). incentive for qeps in certain and in respect to qualified electrification project in clause (ii), the secretary shall a payment of $ 200 MONEY to the certified company or qualified provider out the qualified electrification qualified electrification qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00424 fmt 6652 CARDINAL sfmt 6201 CARDINAL project referred to in clause (i) a qualified electrification that is carried out at a home multifamily building is located in an community or a tribal or certified, or the of the homeowner of is certified, as applicable, low- or moderate-income; for which a rebate is under this subsection; and with respect to which the contractor company or provider is not eligible for a payment under subparagraph (c) (d). incentive for certain labor in respect to qualified electrification project in clause (ii), the secretary shall a payment of $ 250 MONEY to the certified company or qualified provider 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00425 fmt 6652 sfmt 6201 out the qualified electrification qualified electrification qualified project referred to in clause (i) a qualified electrification under this subsection; and that is carried at a home or building; and by a certified company or qualified that allows for the use of bargaining agreements; for which a rebate is with respect to all laborers and employed on the qualified project are paid at rates not than prevailing on projects of a similar in the locality; company or qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00426 fmt 6652 sfmt 6201 is not eligible for a higher under maximum in respect to qualified electrification project in clause (ii), the secretary shall a payment of $ 500 MONEY to the certified company or qualified provider out the qualified electrification qualified electrification qualified project referred to in clause (i) a qualified electrification that is carried at a home or building is located in an community or a community; or is certified, or household of the of which is certified, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00427 fmt 6652 CARDINAL sfmt 6201 applicable, as or and by a certified company or qualified that allows for the use of bargaining agreements; for which a rebate is under this subsection; and with respect to which all and mechanics employed on qualified electrification project are wages at rates not less than prevailing on projects of a similar in the locality. amount to a certified contractor company or provider under any of subparagraphs through (d) shall be in addition to the of any high-efficiency electric home received by the certified contractor or qualified provider. in to paragraph a homeowner, a certified contractor or a qualified provider may claim a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00428 fmt 6652 CARDINAL sfmt 6201 CARDINAL high-efficiency electric home rebate this subsection for each qualified project carried out at a home. secretary shall and publish procedures pursuant to a homeowner or owner of a multifamily may transfer the right to claim a under this subsection to the certified company or qualified provider carrying applicable qualified electrification multifamily in to (b), the owner of a multifamily building combine the amounts of high-efficiency home rebates for each dwelling unit in multifamily building into a single rebate, the condition that the applicable electrification projects benefit dwelling unit with respect to which rebate is claimed; and any maximum per-dwelling unit established by the secretary. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00429 fmt 6652 sfmt 6201 in to clause the amount of a rebate under (a) shall not exceed 50 percent PERCENT of total cost, including labor costs, of the qualified electrification projects. low- or moderate-income the case of a multifamily that is certified by the secretary low- or moderate-income, the amount of rebate under subparagraph (a) shall not 100 percent PERCENT of the total cost of the qualified electrification projects. secretary shall and publish pursuant to which the owner of a building may combine rebate accordance with this and for the enforcement of any under this subsection. rebate later than CARDINAL 1, 2022, the secretary shall establish a processing system that provides immediate relief for consumers who purchase and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00430 fmt 6652 CARDINAL sfmt 6201 installed qualified electrification projects, accordance with this section. in later than 1, 2022, the secretary shall publish a of qualified electrification projects for a high-efficiency electric home may be provided under this subsection includes, at a minimum, the qualified projects described in (d)(11)(a). list under clause (i) shall include for each qualified electrification included on the list, appropriate the energy star program; and other applicable such as requirements relating grid-interactive capability. in less than once every 3 years and to subclause (ii), the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00431 fmt 6652 CARDINAL sfmt 6201 CARDINAL shall publish an updated list of electrification projects for a high-efficiency electric home may be provided under this updated under subclause (i) shall not allow any reductions in efficiency levels qualified electrification projects on the updated list that are an efficiency level provided in a published version of the special provisions for low- and households and multifamily maximum respect to a electrification project carried out at a described in paragraph a high-efficiency electric home rebate be equal in the case of a qualified project described in subsection not more than $1,750 MONEY ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00432 fmt 6652 CARDINAL sfmt 6201 in the case of a qualified project described in subsection not more than $6,000 MONEY if applicable heat pump hvac has a heating capacity of not less 27,500 CARDINAL btu per hour; or not more than $7,000 MONEY if applicable heat pump hvac meets energy star program cold criteria and is installed in a climate, as determined by the and not more than $3,000 MONEY if applicable heat pump hvac has a heating capacity of less 27,500 btu per hour QUANTITY ; or not more than $3,500 MONEY if applicable heat pump hvac meets energy star program cold criteria and is installed in a climate, as determined by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00433 fmt 6652 sfmt 6201 in the case of a qualified project described in subsection not more than $840 MONEY ; in the case of a qualified project described in subsection not more than $4,000 MONEY ; in the case of a qualified project described in subsection that installs insulation and air not more than $1,600 MONEY ; and in the case of a qualified project described in subsection not more than an amount by the secretary for that electrification project, subject to (b); the maximum total amount of high- electric home rebates that may be with respect to each home of a shall be $ 14,000 MONEY ; and the amount of a high-efficiency home rebate may be used to cover not more 100 percent of the costs, including labor of the applicable qualified electrification 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00434 fmt 6652 CARDINAL sfmt 6201 CARDINAL location maximum described in paragraph ( 1 CARDINAL ) shall apply a with respect to which the of the homeowner is certified as low- moderate-income; that is located in a tribal or in the case of a home that is with respect to which the household the renter is certified as low- or or a multifamily is certified as low- or or and is located in a tribal with respect to which more than than of the dwelling units in the are occupied by households annual DATE household of do not exceed 80 percent PERCENT of the annual DATE household income for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00435 fmt 6652 CARDINAL sfmt 6201 CARDINAL area in which the multifamily is located; and have average monthly DATE prices that are equal to, or less an amount that is equal to 30 CARDINAL of the average monthly DATE income for the area in which the building is located. secretary may a rebate in an amount described in paragraph to the owner of a multifamily building or home the case of a home that is rented) that meets the of this section if the owner agrees in to provide commensurate benefits of future to renters in the multifamily building or this section: certified term means a contractor with a reflecting training, education, or other expertise relating to qualified electrification for residential buildings, as identified by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00436 fmt 6652 CARDINAL sfmt 6201 CARDINAL certified contractor contractor means a the business of which is to provide to residential building owners; for which a rebate may be pursuant to this section; that holds the licenses and insurance by the state in which the company services; and that employs 1 CARDINAL or more certified that perform the services for which a may be provided under this section. electric load or service center term load or service center means an improvement to a circuit breaker that enables the installation and use a qep described in any of subclauses through (iv) of paragraph ( 9)(a)(i CARDINAL ); or a qep described in any of subclauses through (iii) of paragraph (9)(a)(ii). energy star term star means the program established 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00437 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 324a PRODUCT of the energy policy and act ( 42 u.s.c QUANTITY . 6294a). heat term a heat pump used for water heating, space or space cooling relies solely on electricity for its of power; and is air-sourced, geothermal- or ground- or water-sourced. high-efficiency electric home term electric home means a rebate provided in accordance with (b). term means each a building with not more than 4 CARDINAL units, individual condominium units, or housing units, is located in a state; and is the primary residence the owner of that building, unit, or manufactured unit, as applicable; or a renter; or is a new-construction residential home; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00438 fmt 6652 sfmt 6201 a unit of a multifamily building is owned by an individual who is the owner of the multifamily building; is located in a state, the district columbia, or a territory of the united and is the primary residence the owner of that unit; or a renter. term means ventilation, and air conditioning. low- or term - or moderate with respect to a means a with an annual DATE income that is less 80 percent PERCENT of the annual DATE median income the area in which the household is located; that is low-income (as defined in 412 CARDINAL of the energy conservation and act ( 42 u.s.c QUANTITY . 6862)). multifamily means any with 5 CARDINAL or more dwelling units 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00439 fmt 6652 CARDINAL sfmt 6201 and are built on top of one another or may share common facilities; and that is not a home. qualified electrification project; in terms and mean a that, as installs, or enables the and use of, in a home or multifamily an electric load or service upgrade; an electric heat pump; an induction or electric stove, cooktop, range, or an electric heat pump dryer; or insulation, air sealing, and accordance with established by the or 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00440 fmt 6652 CARDINAL sfmt 6201 CARDINAL installs, or enables the and use of, in a home or multifamily described in subparagraph a solar photovoltaic system, any electrical equipment, or other components necessary the installation and use of the photovoltaic system, including a storage system; electric vehicle charging or electric vehicle support necessary to recharge an vehicle on-site; or electrical rewiring, power plugs, or other installation directly related to and necessary the safe and effective functioning a qep in a home or multifamily home or multifamily building home or multifamily building to in subparagraph (a)(ii) is a home or building that is certified, or the of the homeowner of which is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00441 fmt 6652 CARDINAL sfmt 6201 as applicable, as low- or terms and do not include project with respect to which the appliance, equipment, infrastructure, component, other item described in clause (i) or (ii) of (a) is not certified under the star program if, as of the date on which project is carried out, the item is of a for which a certification is provided under program. qualified term means an electric utility, tribal-owned or tribally designated housing entity or commercial, nonprofit, or government including a retailer and a certified contractor that provides services for which a rebate be provided pursuant to this section for 1 CARDINAL or portfolios that consist of 1 CARDINAL or more qualified projects. solar photovoltaic photovoltaic means a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00442 fmt 6652 sfmt 6201 placed on-site at a home or building, or as part of the community of home or multifamily building; and that generates electricity from the specifically for the home, multifamily or community. tribal term means a tribal tract or tribal block underserved term means a community in a census tract that is identified by the or a low- or moderate-income a community of racial or ethnic conforming the table of contents for the energy policy of 2005 DATE (public law 119 CARDINAL stat. 594 CARDINAL ) is by striking the item relating to section 124 LAW inserting the following: 124 CARDINAL . high-efficiency electric home rebate section 3201(c)(2)(a)(i CARDINAL ) of the energy act 2020 DATE ( 42 u.s.c QUANTITY . 17232(c)(2)(a)(i CARDINAL )) is amended striking each place it appears. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00443 fmt 6652 sfmt 6201 CARDINAL efficiency and 30431 DATE . weatherization assistance program. in addition to amounts otherwise there is appropriated to the secretary of energy fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 3,500,000,000 MONEY , to remain until september 30, 2031 DATE , to carry out activities part a of title iv of the energy conservation and act ( 42 u.s.c QUANTITY . 6861 through 6872 DATE ). financial assistance for wap and subsections and (k) of section 414d LAW of the energy conservation production act ( 42 u.s.c QUANTITY . 6864d(j CARDINAL ) and (k)), the shall use $ 850,000,000 MONEY of the amount made under subsection (a) of this section to award financial under such section 414d CARDINAL , including financial to implement measures to make dwelling units are occupied by low-income persons weatherization- average cost per dwelling of the energy conservation and production act u.s.c. 6865(c)) is in paragraph ( 1 CARDINAL ), by striking and and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00444 fmt 6652 sfmt 6201 in paragraph ( 4 CARDINAL ), by striking and 30432 DATE . critical facility modernization. addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 3,200,000,000 MONEY , to available until september 30, 2031 DATE , to carry out program under which the secretary of energy provides to states to be used in accordance with subsection allocation of secretary of shall allocate funds made available under subsection to states in accordance with the formula used to federal financial assistance granted pursuant to 363 CARDINAL of the energy policy and conservation act (42 6323) (as of january 1, 2021), except that no requirement shall apply. use of in state that receives funds this section shall use such funds provide technical assistance for out a covered project; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00445 fmt 6652 CARDINAL sfmt 6201 carrying out a covered including by providing a grant, loan, or financial assistance to another entity; carry out a covered project; or pay for any administrative expenses to any activity described in (a) through (c). limit on technical that receives funds under this section may not more than 10 percent PERCENT of such funds to provide assistance under paragraph (1)(a) related the development, facilitation, management, or measurement of results of covered projects. this section: covered term means a building project at an eligible the resiliency of an eligible facility, making improvements to health and safety; mitigating power outages; hardening against natural 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00446 fmt 6652 CARDINAL sfmt 6201 improving indoor air quality; making any modifications by the energy efficiency; the use of renewable energy; or grid integration; and may include a combined heat and microgrid, or energy storage component. eligible term means any public or nonprofit building, as by the secretary, a public school, including an school and a secondary ORDINAL school; a facility used to operate an early education program; the facilities of a local educational a medical facility; a local or state government building; a community facility; a public safety facility; a day care center; an institution of higher education; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00447 fmt 6652 sfmt 6201 a public library; and a wastewater treatment facility. public or nonprofit or nonprofit means a public of the energy policy and conservation ( 42 u.s.c QUANTITY . 6322(d)(5)(b)). term has the given the term in section 3 LAW of the energy policy conservation act ( 42 u.s.c QUANTITY . 6202). 30433 CARDINAL . assistance for latest and zero CARDINAL building code adoption. addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 300,000,000 MONEY , to available until september 30, 2031 DATE , to carry out under part d of title iii of the energy policy and act ( 42 u.s.c QUANTITY . 6321 through 6326 DATE ), of $ 100,000,000 MONEY , shall be for grants to assist and units of local government that have to adopt building codes, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00448 fmt 6652 CARDINAL sfmt 6201 a building energy code (or codes) residential buildings that meets or the 2021 DATE international energy code, or achieves equivalent or energy savings; a building energy code (or codes) commercial buildings that meets or the ansi/ashrae/ies standard or achieves equivalent or energy savings; or any combination of building codes described in clause (i) or (ii); implement a plan for the jurisdiction achieve full compliance with any building code adopted under subparagraph (a) in and renovated residential or commercial as applicable, which plan shall active training and enforcement programs measurement of the rate of compliance year; and $ 200,000,000 MONEY , shall be for grants to assist and units of local government that have to adopt building codes, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00449 fmt 6652 sfmt 6201 adopt a building energy code (or for residential and commercial buildings meets or exceeds the zero CARDINAL energy provisions the 2021 DATE international energy conservation or an equivalent stretch code; and implement a plan for the jurisdiction achieve full compliance with any building code adopted under subparagraph (a) in and renovated residential and commercial which plan shall include active and enforcement programs and of the rate of compliance each year DATE . state state cost share under the item relating to of in title ii of the department of the and related agencies appropriations act, 1985 DATE u.s.c. 6323a; 98 CARDINAL stat. 1861 DATE ) shall not apply to provided under this section. administrative the amounts made under this section, the secretary shall reserve 5 CARDINAL for administrative costs necessary to carry out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00450 fmt 6652 CARDINAL sfmt 6201 CARDINAL emissions vehicle buildout 30441 CARDINAL . definitions. this part: electric term means a vehicle that derives all or part of power from electricity. electric vehicle supply term vehicle supply means conductors, including ungrounded, grounded, equipment grounding conductors, electric vehicle attachment plugs, and all other fittings, power outlets, electrical equipment, off-grid installations, or apparatuses installed for the purpose of delivering energy to an vehicle or to a battery intended to be used term means an electric vehicle. secretary of energy. program. 30442 CARDINAL . electric vehicle supply equipment addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 2,000,000,000 MONEY , to remain until expended (except that no funds shall be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00451 fmt 6652 sfmt 6201 after september 30, 2031 DATE ), to establish and carry a rebate program to provide rebates to eligible entities covered expenses associated with electric vehicle supply located at workplaces, multi-unit housing and publicly accessible locations. rebate program eligible equipment and in later than 180 after the date of the enactment of this the secretary shall publish and maintain the department of energy ORG internet website list of electric vehicle supply equipment that eligible for the rebate program. such list may technical specifications and for such electric vehicle supply equipment enhance safety, cybersecurity, performance, and alignment with relevant codes standards, as determined appropriate by secretary. location eligible may receive a rebate under the rebate only if the electric vehicle supply included on the list published under (a) is in the united states GPE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00452 fmt 6652 CARDINAL sfmt 6201 on owned by the eligible entity; on which the eligible entity authority to install electric vehicle equipment; and at a location that a multi-unit housing a workplace, and available to of such workplace or of a nearby workplace; or publicly accessible, including publicly accessible commercial public electric supply equipment not located at a multi- housing structure or a workplace, an entity may receive a rebate under the rebate only if the installed electric vehicle equipment publicly accessible for a minimum 12 hours TIME per day at least 5 days DATE per and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00453 DATE fmt 6652 sfmt 6201 networked or otherwise capable of monitored remotely. order to receive a rebate the rebate program, an eligible entity shall to the secretary an application. such shall the estimated cost of covered expenses be expended on the electric vehicle supply that is eligible under paragraph ( 1 CARDINAL ); the estimated installation cost of the vehicle supply equipment that is eligible paragraph ( 1 CARDINAL ); the global positioning system location, the integer number of degrees, and seconds TIME , of where such electric vehicle equipment is to be installed, and of whether such location a multi-unit housing structure; a workplace; or publicly accessible, including a accessible commercial location, in with paragraph ( 1)(c CARDINAL ); the technical specifications of such vehicle supply equipment, including the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00454 fmt 6652 CARDINAL sfmt 6201 CARDINAL power voltage and amperage of such an assessment of the electrical at the location where such electric vehicle equipment is to be installed, and, as proof of communication with the electric that will serve the electric vehicle supply to be installed; and any other information determined by secretary to be necessary for a complete funding fiscal year DATE , secretary may set aside an amount of funding the rebate program to ensure, to the extent given the applications meeting the of the rebate program submitted, rebates are to individuals and small businesses, as by the secretary; and for electric vehicle supply located in rural communities, as by the secretary; and located in low-income and communities, as determined by secretary. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00455 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL rebate in as provided in (b), the amount of a rebate made the rebate program for new electric supply equipment at a location shall be the 75 percent PERCENT of the applicable expenses; $ 1,000 MONEY for covered expenses with the purchase and installation of level 2 CARDINAL charging equipment; $ 4,000 MONEY for covered expenses with the purchase and installation of level 2 CARDINAL charging equipment; or $ 100,000 MONEY for covered expenses with the purchase and installation networked direct current fast charging rebate amount for replacement amount of a rebate made the rebate program for replacement of electric vehicle supply equipment of specifications at a location shall be the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00456 fmt 6652 CARDINAL sfmt 6201 CARDINAL expenses; 75 percent PERCENT of the applicable $ 500 MONEY for covered expenses with the purchase and installation of level 2 CARDINAL charging equipment; $ 2,000 MONEY for covered expenses with the purchase and installation of level 2 CARDINAL charging equipment; or $ 35,000 MONEY for covered expenses with the purchase and installation networked direct current fast charging disbursement of materials required for of a rebate may be to an eligible entity, such eligible shall submit to the a record of payment for covered expended on the installation of electric vehicle supply equipment that eligible under paragraph ( 1 CARDINAL ); a record of payment for the vehicle supply equipment that is under paragraph ( 1 CARDINAL ); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00457 DATE fmt 6652 CARDINAL sfmt 6201 the global positioning system including the integer number of minutes TIME , and seconds TIME , of where such vehicle supply equipment was and identification of whether such a multi-unit housing a workplace; or publicly accessible, including publicly accessible commercial in accordance with paragraph the technical specifications of the vehicle supply equipment that is under paragraph ( 1 CARDINAL ), including the power voltage and amperage of equipment; and any other information determined the secretary to be necessary. agreement to be for a rebate under the rebate program, an entity shall enter into an agreement the secretary to maintain the electric supply equipment that is eligible under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00458 fmt 6652 sfmt 6201 DATE ( 1 CARDINAL ) in a satisfactory manner, and at location stated in the application or in the submitted under subparagraph (a), applicable, for not fewer than 5 years DATE after date on which the eligible entity receives the under the rebate program. secretary may to disburse a rebate under the rebate if materials submitted under (a) vary significantly, as determined by secretary, from the global positioning location and technical specifications for the vehicle supply equipment that is eligible paragraph ( 1 CARDINAL ) provided in an application paragraph ( 2 CARDINAL ). multi-port eligible entity be awarded a rebate under the rebate program covered expenses relating to the purchase and of a multi-port charger based on the of publicly accessible charging ports, with each port after the first ORDINAL port being eligible for percent of the full rebate amount. hydrogen fuel cell refueling fuel cell refueling equipment shall eligible for a rebate under the rebate program as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00459 fmt 6652 CARDINAL sfmt 6201 it were networked direct current fast equipment, and all applicable requirements to such equipment shall apply. networked amounts appropriated to carry out rebate program, not more than 40 percent PERCENT may used for rebates of networked direct current fast equipment or hydrogen fuel cell refueling this section: covered term means an expense that is associated with purchase and installation of electric vehicle equipment, the cost of electric vehicle supply labor costs associated with the of such electric vehicle supply equipment; material costs associated with the of such electric vehicle supply including expenses borne by rebate for electrical equipment and necessary or modifications to the electrical grid associated infrastructure required for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00460 DATE fmt 6652 CARDINAL sfmt 6201 of such electric vehicle supply permit costs associated with the of such electric vehicle supply equipment; the cost of an on-site energy storage that supports electrical load balancing otherwise improves the performance of such vehicle supply equipment. eligible term means an individual, a state, local, tribal, or government, a private entity, a not-for- entity, a nonprofit entity, or a metropolitan organization. level 2 CARDINAL charging 2 CARDINAL charging means electric supply equipment that provides an current power source at a minimum of 208 CARDINAL multi-port term means electric vehicle charging unit of charging more than one CARDINAL electric vehicle networked term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00461 fmt 6652 sfmt 6201 DATE current fast charging means electric supply equipment that is capable of providing direct current power source at a minimum of 50 CARDINAL and is enabled to connect to a network to data collection and access. rebate term means the rebate program established under (a). 30443 CARDINAL . electric vehicle charging equity addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 1,000,000,000 MONEY , to remain until september 30, 2031 DATE (except that no funds shall disbursed after september 30, 2031 DATE ), to carry out this secretary shall use amounts available under subsection (a) to establish and carry a program, to be known as the ev charging equity provide technical assistance to eligible described in subsection (f); award grants on a competitive basis to entities described in subsection (f) for projects 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00462 fmt 6652 CARDINAL sfmt 6201 DATE increase deployment and accessibility of electric supply equipment in underserved or communities, projects that publicly accessible; located within or are easily accessible residents public or affordable housing; multi-unit dwellings; or single-family homes; and located within or easily accessible to of work, provided that such electric supply equipment is accessible no fewer than days DATE per week; and provide education and outreach regarding ev charging equity program and the benefits opportunities for electric vehicle charging to and relevant entities that live within or underserved or disadvantaged communities, by an electric vehicle charging resource that is maintained electronically on a is public, and is directed towards and relevant entities that live within or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00463 fmt 6652 sfmt 6201 underserved or disadvantaged targeted outreach towards, and public outreach with, relevant and tribal entities, nonprofit and institutions of higher education, that located within or serve underserved or communities; and any other form of education or as the secretary determines appropriate. cost in as provided in ( 2 CARDINAL ), the amount of a grant awarded under section for a project shall not exceed 80 percent PERCENT project costs. single-family amount of a awarded under this section for a project that as a primary focus, single-family homes not exceed 60 percent PERCENT of project costs. awarding grants and providing assistance under this section, the secretary shall priority to projects provide the greatest benefit to the greatest of people within an underserved or community; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00464 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL incorporate renewable energy resources; maximize local job creation, particularly low-income, women, and minority workers; or utilize or involve locally owned small and businesses, including women and businesses. more than 15 percent PERCENT of the awarded for grants under this section in a fiscal shall be awarded for projects that involve, as a focus, single-family homes. eligible in be eligible for a grant or assistance under the ev charging equity an entity shall an individual or household that is the of where a project will be carried out; a state, local, tribal, or territorial or an agency or department an electric utility, a municipally owned electric utility; a publicly owned electric utility; an investor-owned utility; and a rural electric cooperative; a nonprofit organization or institution; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00465 DATE fmt 6652 sfmt 6201 a public housing authority; an institution of higher education, as by the secretary; an entity that utilizes or involves owned small and disadvantaged including women and minority-owned or (g). a partnership between any number of entities described in subparagraphs (a) secretary may add to or revise the list of eligible entities as the determines necessary. this section: publicly term means, with respect to electric supply equipment, electric vehicle supply that is available, at zero CARDINAL or reasonable cost, to of the public for the purpose of charging privately owned or leased electric vehicle, or vehicle that is available for use by members of general public as part of a ride service or vehicle service or program, including within or public sidewalks and streets; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00466 fmt 6652 sfmt 6201 public parks; public buildings, libraries; schools; and government offices; public parking; shopping centers; and commuter transit hubs. underserved or disadvantaged term or disadvantaged means a community or geographic area is identified a low-income community; a tribal community; having a disproportionately low of electric vehicle charging stations per compared to similar areas; or any other community that the determines is disproportionately to, or bears a disproportionate burden of, combination of economic, social, and climate stressors. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00467 DATE fmt 6652 CARDINAL sfmt 6201 30444 DATE . state energy plans. 365(f) of the energy and conservation act ( 42 u.s.c QUANTITY . 6325(f)) is to read as follows: addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 500,000,000 MONEY , to remain available september 30, 2031 DATE (except that no funds shall be after september 30, 2031 DATE ), to carry out section state energy transportation in energy policy and act is amended by adding after section ( 42 u.s.c QUANTITY . 6326) the following: 367 CARDINAL . state energy transportation plans. in secretary may provide assistance and technical assistance to a state to a state energy transportation plan, for inclusion a state energy conservation plan under section 362(d), promote the electrification of the transportation system, consumption of fossil fuels, and reduced energy state developing a state transportation plan under this section shall carry out activity through the state energy office that is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00468 fmt 6652 CARDINAL sfmt 6201 for developing the state energy conservation plan section 362 CARDINAL . a plan state developing a state energy plan under this section shall include in such deploy a network of electric vehicle supply to ensure access to electricity for electric including commercial vehicles, to an extent such electric vehicles can travel throughout the without running out of a charge; and promote modernization of the electric grid, through the use of renewable energy to power the electric grid, to accommodate for power to operate electric vehicle supply and to utilize energy storage capacity by electric vehicles, including commercial technical request of the of a state, the secretary shall provide and technical assistance in the development, or revision of a state energy transportation electric vehicle supply equipment purposes of this section, the term supply means any conductors, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00469 fmt 6652 CARDINAL sfmt 6201 ungrounded, grounded, and equipment grounding electric vehicle connectors, attachment plugs, and other fittings, devices, power outlets, electrical off-grid charging installations, or apparatuses specifically for the purpose of delivering energy to electric vehicle or to a battery intended to be used in electric conforming table of for part d of title iii of the energy policy conservation act is amended by adding at the the following: 367 CARDINAL . state energy transportation state energy conservation of the energy policy and conservation act (42 6322(d)) is in paragraph ( 16 CARDINAL ), by striking and a semicolon; by redesignating paragraph ( 17 CARDINAL ) as ( 18 CARDINAL ); and by inserting after paragraph ( 16 CARDINAL ) the a state energy transportation plan in accordance with section 367 LAW ; 30445 DATE . transportation electrification. addition to amounts available, there is appropriated to the secretary for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00470 fmt 6652 sfmt 6201 year 2022 DATE , out of any money in the treasury ORG not appropriated, to remain available until 30, 2031 DATE (except that no funds shall be disbursed september 30 DATE , $ 4,000,000,000 MONEY for grants under section of the energy independence and security act 2007 ( 42 u.s.c QUANTITY . 17011(b)); and $ 6,000,000,000 MONEY for grants under subsection of this section. use of secretary may use made available under subsection (a)(2) of this provide grants under subsection (c) of 131 CARDINAL of the energy independence and security of 2007 DATE ( 42 u.s.c QUANTITY . 17011) for the conduct of electric transportation projects (as defined such section 131 LAW ); and provide grants in accordance with section of such act for the conduct of any of the projects: installation of electric vehicle supply for recharging plug-in electric drive including such equipment that is in rural and urban areas and in or disadvantaged communities and such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00471 fmt 6652 CARDINAL sfmt 6201 for medium- and heavy-duty vehicles, at depots and in-route locations. multi-use charging hubs used for forms of transportation. medium- and heavy-duty vehicle smart management and refueling. battery recycling and secondary use, for medium- and heavy-duty vehicles. shipside or shoreside electrification for support equipment at ports. electric airport FAC ground support sharing of best practices, and assistance provided by the department of to public utilities commissions and for medium- and heavy-duty vehicle making grants under section of the energy independence and security act of ( 42 u.s.c QUANTITY . 17011(b)) using amounts made available subsection (a)(1) of this section, in addition to the considerations described in paragraph ( 3 CARDINAL ) of such 131(b), the secretary shall give priority to applications that are likely to make a significant to the advancement of the production of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00472 fmt 6652 sfmt 6201 and charging equipment for the vehicles in paragraph ( 1 CARDINAL ) of such section 131(b) in the states. loan and grant programs 30451 DATE . funding for department of energy loan office. commitment addition to authority otherwise available and previously the secretary of energy may make commitments guarantee loans for eligible projects under section 1703 DATE the energy policy act of 2005 DATE up to a total principal of $ 30,000,000,000 MONEY , to remain available until 30, 2031 DATE , except that no commitments shall be using the authority provided by this section after 30, 2031: provided, that for amounts collected to section 1702(b)(2 CARDINAL ) of the energy policy act 2005 DATE , the source of such payment received from may not be a loan or other debt obligation that guaranteed by the federal government: provided that none of the loan guarantee authority made by this section shall be available for any project the director of the office of management ORG and has certified in advance in writing that the loan and the project comply with the provisions this section: provided further, that none of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00473 fmt 6652 CARDINAL sfmt 6201 CARDINAL guarantee authority made available by this section be available for commitments to guarantee loans for projects where funds, personnel, or property (tangible intangible) of any federal agency, instrumentality, or affiliated entity are expected to be used (directly indirectly) through acquisitions, contracts, exchanges, grants, incentives, leases, procurements, other transaction authority, or other arrangements, support the project or to obtain goods or services from project: provided further, that the previous proviso not be interpreted as precluding the use of the loan authority provided by this section for to guarantee loans projects as a result of such projects from otherwise allowable federal tax benefits; projects as a result of such projects from being located on federal land pursuant to lease or right-of-way agreement for which all for all uses paid exclusively in cash; deposited in the treasury as offsetting and equal to the fair market value as by the head of the relevant federal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00474 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL projects as a result of such projects from federal insurance programs; or electric generation projects using facilities owned or operated by a federal marketing administration or the tennessee authority that have been authorized, and financed independent of the project the guarantee. addition to amounts available and previously provided, there is to the secretary of energy for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 700,000,000 MONEY , to remain available until expended that no funds shall be disbursed after september 2031 DATE ), for the costs of guarantees made under section of the energy policy act of 2005 DATE , using the loan authority provided under subsection (a) of this for renewable or energy efficient systems and and distributed energy generation, and distribution. administrative the amount available under subsection (b), the secretary of shall reserve ORG 3 percent PERCENT for administrative expenses carry out title xvii of the energy policy act of 2005 DATE for carrying out section 1702(h)(3 CARDINAL ) of such act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00475 fmt 6652 CARDINAL sfmt 6201 30452. advanced technology vehicle addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 3,000,000,000 MONEY , to available until expended (except that no funds be disbursed after september 30, 2031 DATE ), for the costs providing direct loans under subsection (d) section 136 LAW of the energy independence and act of 2007 DATE ( 42 u.s.c QUANTITY . 17013 DATE ); and providing direct loans in accordance with section 136 CARDINAL , for reequipping, expanding, or a manufacturing facility in the united to produce, or for engineering integration in the united states GPE of, any of the that emit, under any possible operational or condition, zero CARDINAL exhaust emissions of any gas: a medium duty vehicle or a heavy duty a train or locomotive. a maritime vessel. an aircraft. hyperloop technology. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00476 CARDINAL fmt 6652 CARDINAL sfmt 6201 administrative secretary shall $ 12,000,000 MONEY of amounts made available under (a) for administrative costs of providing loans described in subsection (a). elimination of loan program of the energy independence and security act 2007 ( 42 u.s.c QUANTITY . 17013(d)(1 CARDINAL )) is amended by striking total of not more than $25,000,000,000 MONEY 30453. domestic manufacturing conversion addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 1,000,000,000 MONEY , to available until expended (except that no funds be disbursed after september 30, 2031 DATE ), for grants to domestic production of zero CARDINAL -emission vehicles section 712 CARDINAL of the energy policy act of 2005 DATE ( 42 16062 DATE ). administrative secretary shall 2 percent PERCENT of amounts made available under (a) for administrative costs of making grants in such subsection (a) pursuant to section 712 LAW of energy policy act of 2005 DATE ( 42 u.s.c QUANTITY . 16062). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00477 fmt 6652 CARDINAL sfmt 6201 30454 DATE . energy community reinvestment addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 2,000,000,000 MONEY , to remain until expended (except that no funds shall be after september 30, 2031 DATE ), for the cost of financial support under section 1706 of the energy act of 2005 DATE . xvii of the energy policy of 2005 DATE ( 42 u.s.c QUANTITY . 16511 DATE et seq.) is amended by at the end the following: 1706 DATE . energy community ORG reinvestment program. and section 1703 LAW , and not later than 180 days DATE the date of enactment of this section, the secretary establish a program to provide financial support, in form and on such terms and conditions as the determines appropriate, to eligible entities for the of enabling low-carbon reinvestments in energy which such reinvestments may supporting workers who are or have been in providing, or have been affected by the of, energy-intensive goods or services by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00478 fmt 6652 CARDINAL sfmt 6201 CARDINAL such workers find employment opportunities, by providing training and education; redeveloping a community that is or was in providing, or has been affected by the of, energy-intensive goods or services; accelerating remediation of environmental caused by the provision of energy-intensive or services; and mitigating the effects on customers of any reduction in the carbon intensity of goods services provided by the eligible entity, including the cost-effective abatement of greenhouse gas continuing operations and retooling, repurposing, redeveloping, or of any long-lived assets, lands, or currently or previously used by the eligible primarily to support the provision of energy- goods or services. application apply for support provided under this section, an eligible shall submit to the secretary an application at such in such manner, and containing such information as secretary may require, which such application shall 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00479 fmt 6652 sfmt 6201 a detailed plan describing the activities to carried out in accordance with subsection (a), activities for the measurement, monitoring, verification of emissions of greenhouse gases; if the eligible entity is a utility subject to by a state commission or other state authority, assurances, as determined by the secretary, that such eligible entity pass through any financial benefit from the of any financial support under this section its customers or energy communities. other the secretary shall charge and collect a from each eligible entity that received financial provided under this section in an amount secretary determines sufficient to cover administrative expenses (including any costs with third ORDINAL party consultants engaged by the use of appropriated cost any financial support provided under this section be paid by the secretary using appropriated 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00480 fmt 6652 sfmt 6201 application of other of division b of public law 109 CARDINAL -289 (42 16515(a)) shall not apply to this section. this section: cost; direct terms have the meanings given such in section 502 LAW of the federal credit reform of 1990 DATE ( 2 u.s.c QUANTITY . 661a). eligible term means any entity that is directly affiliated with provision of energy-intensive goods or services. energy term means a community whose members are were engaged in providing, or have been affected the provision of, energy-intensive goods and financial term means any credit product or support the determines appropriate to implement this a direct loan; a line of credit; and a guarantee, including of a letter of for the purposes of subsection (a)(3). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00481 fmt 6652 CARDINAL sfmt 6201 term has meaning given such term in section transmission 30461 DATE . transmission line and intertie grants loans. in addition to amounts available, there is appropriated to the of energy for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to remain available until september 2031 DATE (except that no funds shall be disbursed september 30, 2031 DATE ), for purposes of providing and direct loans under subsection (b), and for expenses associated with carrying out section: provided, that none of such loan made available by this section shall be for loans for any projects where funds, or property (tangible or intangible) of any agency, instrumentality, personnel, or entity are expected to be used (directly or through acquisitions, contracts, exchanges, grants, incentives, leases, sales, other transaction authority, or other to support the project or to obtain 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00482 fmt 6652 sfmt 6201 DATE or services from the project: provided further, the previous proviso shall not be interpreted as the use of the loan authority provided by section for commitments to for: (1) benefitting from otherwise allowable federal benefits; ( 2 CARDINAL ) projects benefitting from being on federal land pursuant to a lease or right- agreement for which all consideration for all is: (a) paid exclusively in cash; (b) deposited the treasury ORG as offsetting receipts; and (c) equal the fair market value as determined by the head the relevant federal agency; ( 3 CARDINAL ) projects from federal insurance programs; or ( 4 CARDINAL ) generation projects using transmission facilities or operated by a federal power marketing or the tennessee valley authority ORG have been authorized, approved, and financed of the project receiving the guarantee: further, that none of the loan authority available by this section shall be available for project unless the director of the office of and budget has certified in advance in that the loan and the project comply with provisions under this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00483 fmt 6652 CARDINAL sfmt 6201 DATE more than $1,000,000,000 MONEY of amount appropriated under paragraph ( 1 CARDINAL ) may used to pay for the costs of providing direct loans subsection (b). in as provided in subsection the secretary of energy may provide grants and direct to eligible entities to construct new, or make to existing, eligible transmission lines or eligible including the related facilities thereof, if the of energy determines that such construction or would a more robust and resilient electric grid; the integration of electricity from a clean facility into the electric grid. other interest secretary of shall determine the rate of interest to charge on loans provided under subsection (b) by taking consideration market yields on outstanding obligations of the united states GPE of maturities as of the date the loan is terms and providing loans under subsection (b), the secretary may 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00484 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL such terms and conditions the secretary appropriate. recovery of costs for provided under this section may not be used construct new, or make upgrades to existing, transmission lines or eligible interties if the for such construction or upgrade are approved recovery through a transmission organization defined in section 3 LAW of the federal power act u.s.c. 796 CARDINAL )). this section: clean energy energy means any electric generating that does not emit carbon dioxide. direct term a disbursement of funds by the government a non-federal borrower under a contract that the repayment of such funds with or without the term includes the purchase of, or in, a loan made by another lender and arrangements that defer payment for more 90 days DATE , including the sale of a government on credit terms. eligible term means a non-federal entity. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00485 CARDINAL fmt 6652 CARDINAL sfmt 6201 eligible term any interties across the seam between western interconnection and the eastern intertie; the pacific northwest-pacific any interties between the electric council of texas ORG and the western or the eastern interconnection; or such other interties that the secretary contribute a more robust and resilient electric and the integration of electricity from clean energy facility into the electric eligible transmission term transmission means an electric power line in the case of new construction under (b), has a transmitting capacity of less than 1,000 megawatts QUANTITY ; in the case of an upgrade made under (b), the upgrade to which will 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00486 fmt 6652 sfmt 6201 its transmitting capacity by not less than megawatts QUANTITY ; and is capable of transmitting across any eligible intertie; from an offshore wind generating or along a route, or in a corridor, by the secretary of energy to necessary to meet interregional or electricity transmission needs. 30462. grants to facilitate the siting of electricity transmission lines. addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 800,000,000 MONEY , to available until september 30, 2031 DATE (provided no shall be disbursed after such date), for making in accordance with this section and for expenses associated with carrying out this section. use of in secretary may make a under this section to a siting authority for, respect to a covered transmission project, any the following activities: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00487 fmt 6652 CARDINAL sfmt 6201 CARDINAL studies and analyses of the impacts of covered transmission project, including the reliability, wildlife, cultural, water, land-use, public health, tax-revenue, market, cost, and rate impacts. examination of up to 3 CARDINAL alternate corridors within which the covered project feasibly could be sited. hosting and facilitation of negotiations settlement meetings involving the siting the covered transmission project and opponents of the covered transmission for the purpose of identifying and issues that are preventing approval of application relating to the siting or of the covered transmission project. participation by the siting authority in proceedings or negotiations in jurisdiction, or under the auspices of a organization (as defined in 3 CARDINAL of the federal power act ( 16 u.s.c QUANTITY . that is also considering the siting or of the covered transmission project. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00488 fmt 6652 CARDINAL sfmt 6201 participation by the siting authority in proceedings at the federal energy commission ORG or a state regulatory for determining applicable rates cost allocation for the covered transmission other measures and actions that may the chances of, and shorten the time for, approval by the siting authority of application relating to the siting or of the covered transmission project, as the determines appropriate. economic secretary make a grant under this section to a siting or other state, local, or tribal governmental for economic development activities for that may be affected by the construction operation of a covered transmission project. final decision on to receive a grant for an activity described in (b)(1), the secretary shall require a siting to agree, in writing, to reach a final on the application relating to the siting or of the applicable covered transmission 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00489 fmt 6652 sfmt 6201 not later than 2 years DATE after the date on such grant is provided, unless the secretary an extension for good cause. federal federal share of cost of an activity described in subparagraph or (e) of subsection (b)(1) shall not exceed 50 CARDINAL economic secretary only disburse grant funds for economic activities under subsection to a siting authority upon approval by siting authority of the applicable covered project; and to any other state, local, or tribal entity upon commencement of of the applicable covered project in the area under the of the entity. returning a siting authority that a grant for an activity described in subsection fails to use all grant funds within 2 years DATE of receipt, siting authority shall return to the secretary any such funds. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00490 fmt 6652 sfmt 6201 CARDINAL covered transmission transmission means a high- interstate electricity transmission that is proposed to be constructed and operate at a minimum of 275 CARDINAL kilovolts of alternating-current or direct-current energy by an entity; and for which such entity has applied, or a siting authority of such to apply, for regulatory approval. siting term means a state, local, or tribal entity with authority to make a final regarding the siting, permitting, or status of a covered transmission project that proposed to be located in an area under the of the entity. 30463 CARDINAL . organized wholesale electricity technical assistance grants. addition to amounts available, there is appropriated to the secretary for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 100,000,000 MONEY , to remain available fiscal year 2031 DATE (except that no funds shall be after september 30, 2031 DATE ), for purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00491 fmt 6652 sfmt 6201 technical assistance and grants under subsection (a) technical assistance and shall use amounts made available under provide grants to states to pay technical assistance for any of the described in subsection (c); or the procurement of data or technology related to any of the activities in subsection (c); and provide technical assistance for the activities in subsection (c). activities described in this forming, expanding, or improving an wholesale electricity market, including with market governance assistance; planning and policy assistance; and regulatory development assistance; aligning the policies of an organized electricity market with relevant state policies; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00492 fmt 6652 CARDINAL sfmt 6201 CARDINAL evaluating the economic, operational, environmental, and other benefits of wholesale electricity markets. in apply for technical or a grant provided under this section, a shall submit to the secretary an application at time, in such manner, and containing such as the secretary may require. application for a grant under paragraph ( 1 CARDINAL ) shall certify how the will use the grant in accordance with (b). evaluating applications submitted subsection (c), the secretary shall give priority to that are submitted by more than one CARDINAL state. this section: independent system operator; transmission terms system and have the meanings such terms in section 3 LAW of the federal power ( 16 u.s.c QUANTITY . 796 CARDINAL ). organized wholesale electricity term wholesale electricity 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00493 fmt 6652 CARDINAL sfmt 6201 means an independent system operator or regional transmission organization. term means secretary of energy. term means any of the united states GPE , the district of columbia, commonwealth ORG of puerto rico GPE , the virgin american NORP samoa, the commonwealth ORG of the mariana islands, and guam. 30464. interregional and offshore wind transmission planning, and analysis. addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 100,000,000 MONEY , to available until september 30, 2031 DATE (except that no shall be disbursed after such date), to carry out this use of secretary of energy shall amounts ORG made available under subsection (a) pay expenses associated with convening stakeholders, including states, generation and developers, regional transmission independent system operators, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00494 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL organizations, indian NORP tribes, and other the secretary determines appropriate, address the development of interregional transmission and transmission of electricity is generated by offshore wind; and conduct planning, modeling, and analysis interregional electricity transmission and of electricity that is generated by wind, taking into account the local, regional, national economic, reliability, resilience, public policy, and environmental benefits of electricity transmission and of electricity that is generated by offshore including planning, modeling, and analysis, as secretary determines appropriate, pertaining clean energy integration into the grid, including the identification of energy zones; the effects of changes in weather due climate change on the reliability and of the electric grid; cost allocation methodologies that the expansion of the bulk power system; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00495 fmt 6652 CARDINAL sfmt 6201 the benefits of coordination between interconnection processes and planning processes; the effect of increased electrification the electric grid; power flow modeling; the benefits of increased or interties between or among the interconnection, the eastern the electric reliability council of texas ORG , other interconnections, as applicable; the cooptimization of transmission and including variable energy resources, storage, and demand-side management; the opportunities for use of alternatives and grid-enhancing economic development opportunities for arising from development of electricity transmission and of electricity that is generated by wind; and evaluation of existing rights-of-way the need for additional transmission 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00496 fmt 6652 CARDINAL sfmt 6201 reviews 30471 CARDINAL . department of energy. addition to amounts otherwise available, there is to the department of energy for fiscal year DATE out of any money in the treasury ORG not otherwise $ 200,000,000 MONEY , to remain available until 30, 2031 DATE (except that no amounts may be after september 30, 2031 DATE ), to provide for more and more effective environmental reviews under the environmental policy act of 1969 DATE through the and training of additional personnel, the of programmatic assessments or templates, the of technical or scientific services, the of data or technology systems, stakeholder and engagement, and the purchase of new equipment. 30472 DATE . federal energy regulatory commission ORG . addition to amounts otherwise available, there is to the federal energy regulatory for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 100,000,000 MONEY , to remain until september 30, 2031 DATE (except that no may be disbursed after september 30, 2031 DATE ), to for more efficient and more effective reviews under the national environmental policy of 1969 DATE through the hiring and training of additional the development of programmatic assessments 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00497 fmt 6652 CARDINAL sfmt 6201 templates, the procurement of technical or scientific the development of data or technology systems, and community engagement, and the purchase new equipment. energy matters 30481 DATE . federal energy efficiency fund ORG . addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 17,500,000,000 MONEY , to available until expended (except that no funds be disbursed after september 30, 2031 DATE ), to provide to agencies to assist them in meeting the of section 543 LAW of the national energy conservation act ( 42 u.s.c QUANTITY . 8253) or to assist agencies in the carbon emissions of new or existing federal and federal fleets. use of secretary shall use the made available pursuant to subsection (a) to provide to agencies pursuant to section 546(b) of the energy conservation policy act ( 42 u.s.c QUANTITY . and to establish a program to provide grants to agencies, to carry out projects for onsite offsite measures 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00498 fmt 6652 sfmt 6201 are applied to or serve a federal building federal fleet; and involve energy conservation, cogeneration renewable energy sources, low carbon improvements in operations and maintenance retrofit activities, automotive supply building electrification, energy storage energy consuming devices and required structures, or carbon-pollution free electricity. providing grants under (b), the secretary may the cost-effectiveness of the project; the extent to which a project promotes the of clean energy, carbon pollution-free low carbon materials, automotive supply and such other onsite or offsite measures the secretary determines to be appropriate; the amount of energy and cost savings to the federal government; the amount of funding committed to the by the agency requesting the grant; the extent that a proposal leverages from other non-federal sources; and any other factor which the secretary is in furtherance of this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00499 fmt 6652 sfmt 6201 this section: automotive supply supply means any including ungrounded, grounded, and grounding conductors, electric vehicle attachment plugs, and all other fittings, power outlets, electrical equipment, or installed specifically for the purpose of energy to an electric vehicle or to a intended to be used in an electric vehicle. low carbon term means any material for which the of greenhouse gases (measured in kilograms carbon dioxide equivalent) emitted to the by the manufacture, transportation, maintenance, and disposal of the material is lower than such quantity for another, material, as measured and reported in an product declaration. 30482 CARDINAL . energy efficiency and conservation grants. in addition to amounts otherwise there is appropriated to the secretary of energy fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 5,000,000,000 MONEY , to remain 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00500 CARDINAL fmt 6652 CARDINAL sfmt 6201 DATE until september 30, 2031 DATE (except that no funds be disbursed after september 30, 2031 DATE ), to carry out energy efficiency and conservation block grant established under section 542(a) of the energy and security act of 2007 DATE ( 42 u.s.c QUANTITY . 17152(a)), $ 2,500,000,000 MONEY shall be distributed in with section 543 LAW of such act ( 42 u.s.c QUANTITY . and $ 2,5000,000,000 MONEY shall be awarded to entities on a competitive basis. carrying out subsection (a), in to providing assistance described section of the energy independence and security act 2007 ( 42 u.s.c QUANTITY . 17152(b)(1)), the secretary may also assistance to eligible entities for implementing to reduce fossil fuel emissions created as a of activities within the jurisdictions of eligible entities a manner that diversifies energy supplies, including by and promoting the use of alternative fuels. use of carrying out subsection (a), purposes of section 544 LAW of the energy independence security act of 2007 DATE ( 42 u.s.c QUANTITY . 17154), the may also consider to be activities that achieve the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00501 fmt 6652 CARDINAL sfmt 6201 of the energy efficiency and conservation block the deployment of energy distribution that significantly increase energy efficiency expand access to alternative fuels, including resources, district heating and cooling and infrastructure for delivering alternative and programs for financing energy efficiency, energy, and zero CARDINAL -emission transportation associated infrastructure) capital investments, and which may include loan programs and of additional public and private funds, and programs that allow rebates, or other incentives for the purchase and of energy efficiency, renewable and zero CARDINAL -emission transportation (and infrastructure) measures; or which may be used or implemented in with buildings owned and operated a state, a political subdivision of a state, an or instrumentality of a state, or an exempt from taxation under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00502 fmt 6652 CARDINAL sfmt 6201 of the internal revenue code of 1986 DATE u.s.c. 501(c)(3)). competitive carrying out (a), for purposes of section 546(c)(2 LAW ) of the independence and security act of 2007 DATE ( 42 u.s.c QUANTITY . the secretary may give priority to units of government that plan to carry out projects to expand use of alternative fuels that would result in significant efficiency improvements or reductions in fossil fuel section. administrative the amount available under subsection (a), the secretary shall 10 percent PERCENT for administrative expenses to carry out technical 543 CARDINAL of the independence and security act of 2007 DATE ( 42 17153 DATE ) is in subsection (c), by striking and inserting and in subsection (d), by striking and inserting 30483 CARDINAL . low-income solar. addition to amounts available, there is appropriated to the department energy for fiscal year 2022 DATE , out of any amounts in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00503 fmt 6652 sfmt 6201 not otherwise appropriated, $ 2,500,000,000 MONEY , to available until expended (except that no funds be disbursed after september 30, 2031 DATE ), to carry out section. in secretary shall use funds by subsection (a) to provide financial assistance eligible entities carry out eligible planning projects; or carry out eligible installation projects. in be eligible to receive under this section, an eligible entity shall to the secretary an application at such time, such manner, and containing such information as secretary may require. inclusion for installation an eligible entity to receive assistance an eligible installation project, the secretary require the eligible entity to include in an under paragraph information that demonstrates that the entity has obtained, or has the capacity obtain, necessary permits, subscribers, access an installation site, and any other items or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00504 fmt 6652 sfmt 6201 necessary to complete the of the applicable covered facility; information that demonstrates that the facility installed using such assistance comply with local building and safety codes standards; a description of mechanism which financial benefits will be to beneficiaries or subscribers; and an estimate of the anticipated benefit for beneficiaries or subscribers. secretary may consider the of an eligible planning project pursuant to (b)(1) by the eligible entity to be to demonstrate the ability of the eligible entity meet the requirements of paragraph (2)(a). in selecting eligible projects receive assistance under this section, the eligible installation projects that result in the most financial benefit for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00505 fmt 6652 CARDINAL sfmt 6201 DATE as determined by the eligible installation projects that result in development of covered in underserved areas; and eligible projects that include job training, or community as part of their application; ensure that such assistance is provided a manner that results in eligible projects carried out on a geographically diverse within and among states. determination of financial determining the amount of financial for low-income households of an eligible project, the secretary shall ensure that all for estimated household energy savings are solely on electricity offsets from the applicable facility and use formulas established by the or local government with jurisdiction over the covered facility for verifiable household savings estimates that accrue to low-income 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00506 fmt 6652 sfmt 6201 CARDINAL secretary may provide under this section in the form of a grant, or low-interest loan. multiple projects for same in eligible entity may for assistance under this section for an planning project and an eligible project for the same covered facility. separate by secretary for assistance under this section an eligible planning project does not require secretary to select for assistance under this an eligible installation project for the covered facility. use of eligible planning entity receiving assistance for an eligible project under this section may use such to pay the costs of pre-installation activities with an applicable covered facility, feasibility studies; permitting; site assessment; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00507 fmt 6652 CARDINAL sfmt 6201 CARDINAL identification of beneficiaries or or such other costs determined by the to be appropriate. eligible installation entity receiving assistance for an eligible project under this section may use such to pay the costs installation and operation of a covered including costs associated with permitting, labor, or site preparation; storage technology sited at a covered interconnection service expenses; offsetting the cost of a subscription for covered described subsection for subscribers that are members of a household; or such other costs determined by the to be appropriate. use of the funds appropriated by section, the secretary shall use not less than 85 CARDINAL to provide assistance for eligible installation projects. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00508 fmt 6652 sfmt 6201 term a low-income household that receives a benefit from the installation and operation of a facility. community solar term solar means a solar generating has multiple subscribers that receive benefits that are directly attributable to facility; and or less. has a nameplate rating of 5 megawatts QUANTITY community solar solar means a share the capacity, or a proportional interest in the generation, of a community solar facility. covered term a community solar facility at least 50 CARDINAL of the capacity of which is reserved for households; a solar generating facility located at a of a low-income household; or a solar generating facility located at a affordable housing complex. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00509 fmt 6652 sfmt 6201 eligible term a nonprofit organization that provides to low-income households or affordable housing complexes; a developer, owner, or operator of a facility; a state, or political subdivision thereof; an indian NORP tribe, tribally owned electric or tribal energy development a native hawaiian NORP community-based any other national or regional entity has experience developing or installing generating facilities for low-income that maximize financial benefits to those and an electric cooperative or a that is an electric utility (as such terms defined in section 3 LAW of the federal power eligible installation installation means a project install and operate a covered facility. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00510 fmt 6652 CARDINAL sfmt 6201 eligible planning term planning means a project to carry pre-installation activities for the development of covered facility. eligible term an eligible planning project; or an eligible installation project. feasibility term means a study or assessment that determines feasibility of a specific solar generating facility, a customer interest assessment and a assessment, as determined by the secretary. indian NORP term any indian NORP tribe, band, nation, tribal or other organized group or community, any alaska GPE native village, regional or village corporation, that is recognized as for the special programs and services provided the united states GPE to indians NORP because of their as indians NORP . interconnection term has the meaning given term in section 111(d)(15 LAW ) of the public utility 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00511 fmt 6652 sfmt 6201 CARDINAL policies act of 1978 DATE u.s.c. low-income means a household with an is at or below 80 percent PERCENT of the area income, or 200 percent PERCENT of the federal level, whichever is higher, except that secretary may establish a higher level if the determines that such a higher level is to carry out the purposes of this or if the state in which the household is elects, is the basis for eligibility for under the low-income home energy act of 1981 DATE ( 42 u.s.c QUANTITY . 8621 et provided that such basis is at least 200 CARDINAL of the federal poverty level. multi-family affordable housing term affordable means any federally subsidized housing complex in which at least 50 percent PERCENT of units are reserved for low-income households. native hawaiian NORP community-based term hawaiian 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00512 fmt 6652 sfmt 6201 means any organization is composed primarily of native hawaiians a specific community and that assists in the cultural, and educational development of hawaiians in that community. the secretary of energy. solar generating term generating a generator that creates electricity photons; and the accompanying hardware enabling electricity to onto the electric grid; into a facility or structure; or into an energy storage device. term means each of 50 CARDINAL states, the district of columbia, guam GPE , the of puerto rico GPE , the northern islands, the virgin islands, and american NORP a person 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00513 fmt 6652 CARDINAL sfmt 6201 owns a community solar subscription, an equivalent unit or share of the capacity generation of a community solar facility; or is a member of a low-income household financially benefits from a community solar even if the person does not own a solar subscription for the facility. underserved term a geographical area with low or no solar deployment, as determined by secretary; a geographical area that has low or no to electricity, as determined by the a geographical area with a high energy as determined by the secretary; or trust land, as defined in section 3765 title 38 LAW , united states code. 30484. oversight. addition to amounts otherwise available, there is to the department of energy for fiscal year DATE out of any money in the treasury ORG not otherwise $ 50,000,000 MONEY , to remain available until 30, 2031 DATE (except that no funds shall be disbursed 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00514 fmt 6652 sfmt 6201 september 30, 2031), for oversight by the of energy office of inspector general of the of energy activities for which funding is in this subtitle. health care 30601 CARDINAL . ensuring affordability of coverage for low-income populations. reducing cost sharing under qualified 1402 DATE of the patient protection affordable care act ( 42 u.s.c QUANTITY . 18071) is in subsection in paragraph ( 2 CARDINAL ), by inserting respect to plan years 2023 and 2024 DATE , household income does not exceed 400 CARDINAL of the poverty line for a family of the before the period; and in the matter following paragraph ( 2 CARDINAL ), adding at the end the following new the case of an individual with a income that does not exceed 138 CARDINAL of the poverty line for a family of the size for any month DATE occurring during the beginning on january 1, 2022, and ending december 31, 2022 DATE , such individual shall, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00515 fmt 6652 CARDINAL sfmt 6201 such month DATE and for each succeeding month DATE such period, be treated as having income equal to 100 percent PERCENT for purposes applying this and in subsection in paragraph (1)(a), in the matter clause (i), by inserting with respect eligible insureds (other than, with respect to years 2023 and 2024 DATE , specified enrollees defined in paragraph after in paragraph ( 2 CARDINAL ), in the matter subparagraph (a), by inserting to eligible insureds (other than, with to plan years 2023 and 2024 DATE , specified after the in paragraph in subparagraph (a), by striking and inserting or and in subparagraph (b), by striking and inserting and and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00516 fmt 6652 sfmt 6201 CARDINAL special rule for specified in secretary shall procedures under which the issuer of qualified health plan to which this section shall reduce cost-sharing under the plan respect to months DATE occurring during plan 2023 DATE and 2024 DATE for enrollees who are enrollees (as defined in subparagraph in a manner sufficient to increase the share of the total allowed costs of provided under the plan to 99 percent PERCENT of costs. methods for reducing cost in issuer of a health plan making reductions this paragraph shall notify the of such reductions and the shall, out of funds made available clause (ii), make periodic and timely to the issuer equal to 12 percent PERCENT the total allowed costs of benefits under each such plan to specified during plan years 2023 and 2024 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00517 fmt 6652 sfmt 6201 CARDINAL addition to otherwise available, there are out of any money in the not otherwise appropriated, such sums may be necessary to the secretary to payments under clause (i). specified enrollee purposes of this section, the term means, with respect to a month during a plan year DATE , an eligible insured with household income that does not exceed 138 CARDINAL of the poverty line for a family of the involved during such month DATE . such insured be deemed to be a specified enrollee for succeeding month DATE in such plan open enrollments applicable to certain 1311(c) of the protection and affordable care act ( 42 u.s.c QUANTITY . is in paragraph in subparagraph (c), by striking at the in subparagraph (d), by striking the at the end and inserting and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00518 fmt 6652 sfmt 6201 by adding at the end the following new with respect to a qualified health plan respect to which section 1402 DATE applies, for occurring during the period beginning january 1, 2022 DATE , and ending on december 2024 DATE , enrollment periods described in (a) of paragraph ( 8) CARDINAL for individuals in subparagraph (b) of such and by adding at the end the following new special enrollment period for low-income in enrollment period in this paragraph is, in the case of an described in subparagraph (b), the period beginning on the first ORDINAL day such individual is so described. individual of subparagraph (a), an individual in this subparagraph is an with a household income that not exceed 138 percent PERCENT of the poverty for a family of the size involved; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00519 fmt 6652 sfmt 6201 who is not eligible for minimum coverage (as defined in section of the internal revenue code of other than for coverage described in of subparagraphs (b) through (e) of ( 1 CARDINAL ) of such additional benefits for certain individuals for plan year of the patient protection and affordable care act u.s.c. 18021(a)) is in paragraph subparagraph (b), by striking at the end; in subparagraph (c)(iv), by striking period and inserting and by adding at the end the following new provides, with respect to a plan in the silver level of coverage to which 1402 DATE applies during plan year 2024 DATE , for described in paragraph ( 5 CARDINAL ) in the case an individual who, for a month DATE during such year DATE , has a household income that does not 138 percent PERCENT of the poverty line for a of the size involved, and who is eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00520 fmt 6652 CARDINAL sfmt 6201 receive cost-sharing reductions under section and by adding at the end the following new additional benefits for certain individuals for plan year in purposes of (1)(d), the benefits described in this to be provided by a qualified health are benefits consisting of non-emergency transportation services (as described in 1902(a)(4)) and services described in (a)(4)(c) of section 1905 LAW of the security act, without any restriction on the of a qualified provider from whom such individual so enrolled in such plan may such services described in such subsection, without any imposition of cost sharing, are not otherwise provided under such as part of the essential health benefits described in section 1302(a LAW ). payments for additional in issuer of a health plan making payments for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00521 fmt 6652 CARDINAL sfmt 6201 described in subparagraph (a) to individuals described in (1)(d) during plan year 2024 CARDINAL shall the secretary of such payments and secretary shall, out of funds made under clause (ii), make periodic timely payments to the issuer equal to for such services so furnished. addition to otherwise available, there is out of any money in the not otherwise appropriated, such sums may be necessary to the secretary to payments under clause education and outreach in 1321(c DATE ) of the protection and affordable care act (42 u.s.c. is amended by adding at the end the new paragraph: outreach and educational in the case of an established or operated by the secretary a state pursuant to this subsection, the shall carry out outreach and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00522 fmt 6652 CARDINAL sfmt 6201 CARDINAL activities for purposes of informing of the social security who reside in states that have not amounts under a state plan (or waiver such plan) under title xix of such act for such individuals about qualified health plans through the exchange, including by such individuals of the availability of under such plans and financial for coverage under such plans. such and educational activities shall be in a manner that is culturally and appropriate to the needs of the being served by the exchange (including populations, such as racial and minorities, english NORP proficient individuals residing in areas where unemployment rates exceeds the national unemployment rate, individuals in rural veterans, and young adults). limitation on use of appropriated under this paragraph shall used for expenditures for promoting non- compliant health insurance coverage. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00523 fmt 6652 CARDINAL sfmt 6201 CARDINAL non-aca compliant health purposes of (b): the term compliant insurance means health coverage, or a group health plan, is not a qualified health plan. such term includes the following: an association health plan. short-term limited duration addition to amounts available, there is appropriated, out of money in the treasury not otherwise to remain available until expended, 2022 DATE , and for each of fiscal years 2023 DATE and to carry out this navigator 1311(i)(6 CARDINAL ) the patient protection and affordable care act u.s.c. 18031(i)(6)) is and inserting state 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00524 fmt 6652 CARDINAL sfmt 6201 by adding at the end the following new federal of carrying out this subsection, with to an exchange established and operated the secretary within a state pursuant to 1321(c DATE ), the secretary shall obligate out of amounts collected through user fees on participating health insurance pursuant to section 156.50 LAW of title 45 DATE , of federal regulations (or any successor 2022 DATE , for each of fiscal years 2023 DATE and such amount so obligated for a fiscal shall remain available until 30602 DATE . temporary expansion of health premium tax credits for certain populations. in 36b DATE is amended by subsection (h) as subsection (i) and by inserting subsection (g) the following new subsection: certain temporary rules for 2022 DATE respect to any taxable year DATE after december 31, 2021, and before january 1, 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00525 fmt 6652 sfmt 6201 eligibility for credit not limited on 36b(c)(1)(a DATE ) shall be in determining whether a taxpayer is an taxpayer. credit allowed to certain employees offered employer-provided shall not apply if the income does not exceed 138 percent PERCENT of the line for a family of the size involved. the last of such subsection shall also apply for of this paragraph. subclause (ii) of subsection shall also not apply to an individual in the last sentence of such subsection if the household income does not exceed 138 CARDINAL of the poverty line for a family of the size credit allowed to certain employees offered qualified small qualified small employer health arrangement shall not be treated as affordable coverage for an employee (or any or dependent of such employee) for any of a taxable year DATE if the household 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00526 fmt 6652 CARDINAL sfmt 6201 for such taxable year DATE does not exceed 138 CARDINAL of the poverty line for a family of the size limitations on in the case of a whose household income is less than 200 CARDINAL of the poverty line for the size of the involved for the taxable year, the amount the increase under subsection (f)(2)(a) shall no event exceed $ 300 MONEY ( one-half CARDINAL of such in the case of a taxpayer whose tax is under section 1(c LAW ) for the taxable limitation on increase for the case of any taxpayer would not be required to file a return of for the taxable year but for any to reconcile advance credit payments subsection (f), if an exchange established title i of the patient protection and care act has determined such taxpayer is eligible for payments under section 1412 DATE of act for any portion of such taxable and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00527 fmt 6652 CARDINAL sfmt 6201 CARDINAL such household for such taxable year DATE is projected to exceed 138 percent PERCENT of the poverty line a family of the size involved, (f)(2)(a) shall not apply to such for such taxable year DATE and such taxpayer not be required to file such return of tax. information provided by information required to be by an exchange to the secretary and to taxpayer under subsection (f)(3) shall such information as is necessary to whether such exchange has made the described in clauses (i) and (ii) of (b) with respect to such employer shared responsibility provision applicable with respect to certain taxpayers receiving premium 4980h(c)(3) is amended to read as follows: applicable premium tax credit and in term tax credit and cost-sharing 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00528 fmt 6652 CARDINAL sfmt 6201 any premium tax credit allowed section 36b DATE , any cost-sharing reduction under 1402 DATE of the patient protection and care act, and any advance payment of such or reduction under section 1412 LAW of act. exception with respect to low-income term not include any premium tax credit, cost- reduction, or advance payment described in subparagraph (a) if such reduction, or payment is allowed or paid a taxable year DATE of an employee (beginning december 31, 2021 DATE , and before january 2025 DATE ) with respect to an exchange established under i of the patient protection and care act has determined that household income for such year DATE is projected to not exceed 138 CARDINAL of the poverty line for a family of size involved, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00529 fmt 6652 sfmt 6201 CARDINAL such household for such taxable year DATE does not exceed percent of the poverty line for a family the size effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 30603. establishing a health insurance fund. in d of title i of the patient and affordable care act is amended by after part 5 CARDINAL ( 42 u.s.c QUANTITY . 18061 et seq.) the following part: health insurance fund 1351 DATE . establishment of program. is hereby established the health affordability to be administered by the of health and human services, acting through the of the centers for medicare & medicaid ORG (in this section referred to as the to provide funding, in accordance with this part, the 50 CARDINAL states and the district of columbia (each to in this section as a beginning on january 2023 DATE , for the purposes described in section 1352 LAW . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00530 fmt 6652 CARDINAL sfmt 6201 1352 DATE . use of funds. in state shall use the funds to the state under this part for one CARDINAL of the following to provide reinsurance payments to health issuers with respect to individuals enrolled individual health insurance coverage (other through a plan described in subsection (b)) by such issuers. to provide assistance (other than through described in paragraph ( 1 CARDINAL )) to reduce out- costs, such as copayments, coinsurance, and deductibles, of individuals enrolled qualified health plans offered on the market through an exchange and of enrolled under standard health plans offered a basic health program established under 1331 DATE . exclusion of certain grandfathered transitional plans, student health and excepted purposes of (a), a plan described in this subsection is the 1251 DATE ). a grandfathered health plan (as defined in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00531 fmt 6652 sfmt 6201 a plan (commonly referred to as a continued under the letter issued by the for medicare & medicaid ORG services on 14, 2013 DATE , to the state insurance outlining a transitional policy for coverage in individual and small group markets to which 1251 DATE does not apply, and under the extension the transitional policy for such coverage set forth the insurance standards bulletin series guidance by the centers for medicare & medicaid ORG on march 5, 2014 DATE , february 29, 2016 DATE , 13, 2017 DATE , april 9, 2018, DATE march 25, 2019, DATE 31 DATE , 2020 DATE , and january 19, 2021 DATE , or under subsequent extensions thereof. student health insurance coverage (as in section 147.145 LAW of title 45 DATE , code of federal or any successor regulation). excepted benefits (as defined in section of the public health service act). 1353 DATE . state eligibility and approval; default encouraging state options for in to subsection (b), be eligible for an allocation of funds under this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00532 fmt 6652 sfmt 6201 DATE for a year DATE (beginning with 2023 DATE ), a state shall to the administrator an application at such (but, in the case of allocations for 2023 DATE , not than 120 days DATE after the date of the enactment this part and, in the case of allocations for a year DATE , not later than january 1 of the year DATE ) and in such form and manner as by the administrator a description of how the funds will be and may require. such other information as the automatic application so is approved (as outlined in the terms of plan) unless the administrator notifies the state the application, not later than 90 days DATE the date of the submission of such application, the application has been denied for not being in with any requirement of this part and of reason for such denial. 5-year DATE application an of a state is approved for a purpose in section 1352 DATE for a year, such application be treated as approved for such purpose for of the subsequent 4 years DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00533 fmt 6652 CARDINAL sfmt 6201 CARDINAL oversight authority and authority revoke secretary may periodic reviews of the use of funds to a state under this section, with to a purpose described in section 1352 LAW , to the state uses such funds for such and otherwise complies with the of this section. revocation of of an application of a state, with to a purpose described in section 1352 LAW , be revoked if the state fails to use funds to the state under this section for purpose or otherwise fails to comply with requirements of this section. default federal safeguard for 2023 DATE and for certain in 2023 DATE and 2024 DATE , in the of a state described in paragraph ( 5 CARDINAL ), with to such year, the state shall not be eligible to an application under subsection (a), and the in consultation with the applicable authority, shall from the amount calculated paragraph ( 3 CARDINAL ) for such year DATE , carry out the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00534 fmt 6652 sfmt 6201 described in paragraph ( 2 CARDINAL ) in such state for year DATE . specified amount described paragraph ( 3 CARDINAL ), with respect to a state described paragraph ( 5 CARDINAL ) for 2023 or 2024 DATE , shall be used to out purpose described in such state for such year DATE , as by providing reinsurance payments to health issuers with respect to attachment range (as defined in section 1354(b)(2 LAW ), using the amounts specified in subparagraph (b) of section for such year DATE ) in an amount equal to, to paragraph ( 4 CARDINAL ), the percentage (specified such year DATE by the secretary under such of the amount of such claims. amount amount in this paragraph, with respect to 2023 CARDINAL or is the amount equal to the total sum of that the secretary would otherwise under section 1354(b)(2)(a)(i CARDINAL ) for such year DATE each state described in paragraph ( 5 CARDINAL ) for such as applicable, if each such state were not so for such year DATE . purposes of this the secretary may apply a percentage under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00535 fmt 6652 sfmt 6201 ( 3 CARDINAL ) with respect to a year DATE that is less the percentage otherwise specified in section for such year DATE , if the cost of paying total eligible attachment range claims for states in paragraph ( 5 CARDINAL ) for such year DATE at such otherwise specified would exceed the calculated under paragraph ( 3 CARDINAL ) for such state state described in paragraph, with respect to years 2023 DATE and is a state that, as of january 1 of 2022 DATE or respectively, was not expending amounts the state plan (or waiver of such plan) for all during such year DATE . 1354 DATE . allocations. addition to amounts available, there is appropriated, out of any money treasury for 2023 DATE and each subsequent year to allocations for states under subsection (b) and under section 1353(b) . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00536 fmt 6652 sfmt 6201 in amounts under subsection (a) for a year DATE , the shall, with respect to a state not in section 1353(b LAW ) for such year DATE and later than the date specified under (b) for such year DATE , allocate for such state amount determined for such state and year paragraph ( 2 CARDINAL ). specified purposes of (a), the date specified in this for 2023 DATE , the date that is 90 days DATE the date of the enactment of this and for 2024 DATE or a subsequent year DATE , 1 CARDINAL of the previous year DATE . 2024 DATE and each subsequent the secretary shall notify each state of amount determined for such state under ( 2 CARDINAL ) for such year DATE by not later than 1 of the previous year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00537 fmt 6652 sfmt 6201 in purposes of ( 1 CARDINAL ), the amount determined under this for a year DATE for a state described in (1)(a) for such year DATE is the amount the amount that the secretary would be expended under this part such year on attachment range claims individuals residing in such state if such used such funds only for the purpose paragraph ( 1 CARDINAL ) of section at the dollar amounts and specified under subparagraph (b) such year DATE ; minus the amount, if any, by which the the estimated amount of tax credits under section of the internal revenue code of that would be attributable to residing in such state for year DATE without application of this exceeds the estimated amount of tax credits under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00538 fmt 6652 CARDINAL sfmt 6201 of the internal revenue code of that would be attributable to residing in such state for year DATE if section 1353(b) applied such year and applied with respect such state for such year DATE . purposes of the previous sentence and 1353(b)(3 CARDINAL ), the term range means, with respect to an individual, the for such individual that exceed a dollar specified by the secretary for a year DATE , do not exceed a ceiling dollar amount by the secretary for such year DATE , under (b). purposes of (a) and section 1353(b)(3 LAW ), the shall determine the dollar amounts the percentage to be specified under this for a year DATE in a manner to ensure the total amount of expenditures under part for such year DATE is estimated to equal the amount appropriated for such year DATE under (a) if such expenditures were used for the purpose described in paragraph of section 1352(a) for attachment range 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00539 fmt 6652 CARDINAL sfmt 6201 at the dollar amounts and percentage so for such year DATE . allocated to a under this subsection for a year shall remain through the end of the subsequent basic health program funding 1331 DATE of the patient protection and care act ( 42 u.s.c QUANTITY . 18051 DATE ) is in subsection (a), by adding at the end the new paragraph: provision of information on health plan in plan years DATE on or after january 1, 2023 DATE , the program in paragraph ( 1 CARDINAL ) shall provide that a may not establish a basic health program such state furnishes to the secretary, respect to each qualified health plan in such state during a year DATE that receives reinsurance payment from funds made under part 6 CARDINAL for such year, the premium amount (as defined in (b)) for each such plan and year. adjusted premium amount purposes of subparagraph (a), the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00540 fmt 6652 sfmt 6201 CARDINAL premium means, with to a qualified health plan and a year DATE , monthly DATE premium for such plan and year would have applied had such plan not any payments described in subparagraph for such and in subsection (d)(3)(a)(ii), by adding at the the following new sentence: making such the secretary shall calculate the value such premium tax credits that would have been to such individuals enrolled through a basic program established by a state during a year DATE the adjusted premium amounts (as defined in (a)(3)(b)) for qualified health plans in such state during such medicaid ORG program to the coverage gap 30701 CARDINAL . closing the medicaid ORG coverage gap. federal medicaid ORG program to close gap in nonexpansion xix of social security act ( 42 u.s.c QUANTITY . 1396 et seq.) is by adding at the end the following new section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00541 DATE fmt 6652 CARDINAL sfmt 6201 1948 DATE . federal medicaid ORG program to close gap in nonexpansion states. later than january 1 DATE , the secretary shall establish a program (in this referred to as the medicaid ORG or the under which, in the case of a state that the determines (based on the state plan under this waiver of such plan, or other relevant information) not expected to expend amounts under the state plan waiver of such plan) for all individuals who would be to medical assistance pursuant to section during a year DATE (beginning with (in this section defined as coverage gap respect to such year DATE ), the secretary shall (including contract with eligible entities (as specified by the consistent with subsection (b)) provide for the to such individuals residing in such state of benefits. the federal medicaid ORG program shall be in a coverage gap state for each quarter DATE during period beginning on january 1 of such year DATE , and with the last day of the first quarter DATE during which state provides medical assistance to all such under the state plan (or waiver of such plan). under federal medicaid ORG program, the may use the federally facilitated to facilitate eligibility determinations and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00542 fmt 6652 sfmt 6201 DATE under the federal medicaid ORG program and establish a set of eligibility rules to be applied the program in a manner consistent with 1902(e)(14 CARDINAL ); shall establish benefits, beneficiary and access to care standards by, at a establishing a minimum set of health to be provided (and providing such under the federal medicaid ORG program, shall be in compliance with the of section 1937 and shall consist of described or benchmark equivalent coverage in section 1937(b)(2 LAW ) to the same as medical assistance provided to such an under this title (without application this section) required under section to consist of such benchmark or benchmark equivalent coverage; applying the provisions of sections 1902(a)(34 CARDINAL ), and 1943 DATE with respect such an individual, health benefits under the medicaid ORG program, and making for such benefits in the same manner as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00543 fmt 6652 CARDINAL sfmt 6201 CARDINAL provisions would apply to such an medical assistance under this title (other pursuant to this section), and making for such medical assistance under this (other than pursuant to this section); and that redeterminations and appeals of and coverage determinations of items services (including benefit reductions, and suspension) shall be conducted the federal medicaid ORG program in with a federal fair hearing process by the secretary that is subject to the requirements as applied under section with respect to redeterminations appeals of eligibility, and with respect to of items and services (including benefit and a state plan under this title and that provide for such fair hearings related to of eligibility (based on modified adjusted income eligibility determinations) to be through the federally facilitated for exchanges; applying, in accordance with (d), the provisions of section 1927 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00544 fmt 6652 CARDINAL sfmt 6201 DATE than subparagraphs (b) and (c) of (b)(1) of such section) with respect to secretary and payment under the federal program for covered outpatient drugs respect to a rebate period in the same and to the same extent as such apply with respect to a state and payment the state plan for covered outpatient with respect to the rebate period; applying the provisions of sections 1902(a)(23 CARDINAL ), 1902(a)(47 CARDINAL ), and through 1920c DATE (as applicable) to the medicaid ORG program and such individuals in and entitled to health benefits under program in the same manner and to the extent as such provisions apply to such eligible for medical assistance under state plan, and applying the provisions of 1902(a)(30)(a CARDINAL ) with respect to medical available under the federal medicaid ORG in the same manner and to the same as such provisions apply to medical under a state plan under this title, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00545 fmt 6652 CARDINAL sfmt 6201 the secretary shall provide that cost sharing shall be applied under the medicaid ORG program; the secretary may waive the of subparagraph (a) of section to the extent deemed to facilitate the implementation of care; in applying the provisions of 1902(a)(47 CARDINAL ) and 1920 1920c DATE , the shall establish a single eligibility process for eligible under the federal program, under which the may contract with entities to out such process; and may apply such provisions process in accordance with such implementation as the deems necessary, but beginning soon as practicable); and prohibiting payment from being under the federal medicaid ORG program for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00546 fmt 6652 CARDINAL sfmt 6201 CARDINAL item or service subject to a payment under this title or title xi. administration of federal medicaid ORG through contracts with medicaid ORG managed organization and third ORDINAL party plan in the purpose of medical assistance to individuals described in 1902(a)(10)(a)(i)(viii DATE ) enrolled under the medicaid ORG program across all coverage gap areas (as defined in paragraph (8)) in such individuals reside, the secretary shall bids described in paragraph ( 2 CARDINAL ) and enter into with a total of at least 2 CARDINAL eligible entities specified by the secretary, which may be a managed care organization (in this section as a managed care organization described in 1932(a)(1)(b)(i CARDINAL )), a third ORDINAL party plan or both). an eligible entity entering into a with the secretary under this paragraph administer such benefits as a medicaid care organization (as so defined), in which case contract shall be in accordance with paragraph with respect to such geographic area, or as a administrator, in which case such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00547 fmt 6652 CARDINAL sfmt 6201 CARDINAL shall be in accordance with paragraph ( 4 CARDINAL ) with to such geographic area. the secretary may contract with a medicaid ORG managed care or third ORDINAL party plan administrator in each gap geographic area (and may specify which of eligible entity may bid with respect to a gap geographic area or areas) and may with more than one CARDINAL such eligible entity in the coverage gap geographic area. in be eligible to enter a contract under this subsection, for a an entity shall submit (at such time, in manner, and containing such information specified by the secretary) one CARDINAL or more bids provide medical assistance under the in one CARDINAL or more coverage gap geographic which are actuarially sound and reflect projected monthly DATE cost to the entity of medical assistance under the program to individual enrolled under the program in a geographic area (or areas) for such year DATE . selecting from bids under subparagraph (a) for purposes entering into contracts with eligible entities 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00548 fmt 6652 CARDINAL sfmt 6201 this subsection, with respect to a gap geographic area, the secretary shall into account at least each of the following, respect to each such bid: network adequacy (as proposed the submitted bid). the amount, duration, and scope benefits (such as value-added services in the submitted bid), as compared the minimum set of benefits established secretary the amount of the bid, taking account the average per member cost providing medical assistance under plans under this title (or waivers of plans) to individuals enrolled in such (or waivers) who are at least 18 CARDINAL of age and residing in the coverage geographic area, as well as the average of providing medical assistance under plans under this title (and waivers of plans) to individuals described in 1902(a)(10)(a)(i)(viii DATE ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00549 fmt 6652 sfmt 6201 the organizational capacity of entity, the experience of the entity with managed care, the experience of entity with medicaid ORG managed care for the performance the entity (if available) on the adult core quality measures in states that are not gap states. contract with medicaid ORG managed the case of a contract paragraph ( 1 CARDINAL ) between the secretary and an entity administering benefits under the as a medicaid ORG managed care organization, with to one CARDINAL or more coverage gap geographic the following shall apply: the provisions of clauses (i) through of section 1903(m)(2)(a LAW ), clause (xii) of section (to the extent such clause relates subsections (b), (d), (f), and (i) of section and clause of such section shall, to the greatest extent apply to the contract, to the and to the medicaid ORG managed care with respect to providing medical 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00550 fmt 6652 CARDINAL sfmt 6201 DATE under the federal medicaid ORG program respect to such area (or areas), in the manner and to the same extent as such apply to a contract under section between a state and an entity that is medicaid ORG managed care organization (as in section 1903(m)(1 LAW )), to the state, and the entity, with respect to providing medical to individuals eligible for benefits this title. the provisions of section 1932(h) apply to the contract, secretary, and managed care organization. the contract shall provide that the pay claims in a timely manner and in with provisions of the contract shall provide that the shall make payments under this to the entity, with respect to coverage of individual enrolled under the program in a coverage gap geographic area with to which the entity administers the in an amount specified in the contract, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00551 fmt 6652 CARDINAL sfmt 6201 to subparagraph (d)(ii) and paragraph the contract shall the application of a minimum loss ratio (as calculated under (d) of section 438.8 LAW of title 42 DATE , of federal regulations (or any regulation)) for payment for medical administered by the managed organization under the program, with to a year DATE , that is equal to or than 85 percent PERCENT (or such higher percent specified by the secretary); and in the case, with respect to a the minimum medical loss ratio (as calculated) for payment for services the benefits so administered is less 85 percent PERCENT (or such higher percent as by the secretary under clause remittance by the organization to the of any payments (or portions of made to the organization under section in an amount equal to the in payments for medical assistance, respect to the year DATE , resulting from the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00552 fmt 6652 CARDINAL sfmt 6201 CARDINAL failure to meet such ratio such year DATE . the contract shall require that the entity submit to the the number of individuals enrolled the program with respect to each gap geographic area and month with to which the contract applies; encounter data (disaggregated by ethnicity, and age) with respect to coverage gap geographic area and with respect to which the contract and such additional information as by the secretary for purposes of program oversight, measurement, or such other specified by the secretary. the contract shall require that the entity perform any other activity by the secretary. contract with a third ORDINAL party plan in the case of a under paragraph ( 1 CARDINAL ) between the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00553 fmt 6652 sfmt 6201 and an eligible entity to administer the as a third ORDINAL party plan administrator, respect to one CARDINAL or more coverage gap areas, such contract shall provide that, respect to medical assistance provided the federal medicaid ORG program to who are enrolled in the program with to such area (or the third ORDINAL party plan administrator consistent with such requirements as be established by the establish provider networks, rates, and utilization consistent with the of section 1902(a)(30)(a LAW ), as by subsection (a)(4) of this pay claims in a timely and in accordance with the of section 1902(a)(37 LAW ); submit to the the number of enrolled in the program with to each coverage gap area and month DATE with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00554 fmt 6652 sfmt 6201 to which the contract by race, ethnicity, age) with respect to each gap geographic area and with respect to which the applies; and such additional as specified by the for purposes of payment, measurement, or such purpose specified by the and perform any other activity by the secretary; the secretary shall make (for the claims submitted by the party plan administrator and for an and efficient administrative fee) this section to the third ORDINAL party plan with respect to coverage of individual enrolled under the program a coverage gap geographic area with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00555 DATE fmt 6652 CARDINAL sfmt 6201 to which the third ORDINAL party plan administers the program in an determined under the contract, to subclause (vi)(bb) and (7); and the provisions of clause (xii) of 1903(m)(2)(a DATE ) (to the extent such relates to subsections (b), (d), (f), (i) of section 1932 LAW ) shall, to the extent practicable, apply to the to the secretary, and to the third ORDINAL plan administrator, with respect to medical assistance under the medicaid ORG program with respect to area (or areas), in the same manner to the same extent as such provisions to a contract under section 1903(m) a state and an entity that is a managed care organization (as section 1903(m)(1)), to the and to the entity, with respect to medical assistance to individuals for benefits under this title third ORDINAL party plan administrator purposes of this section, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00556 fmt 6652 CARDINAL sfmt 6201 party plan means an that satisfies such requirements as by the secretary, which shall include at that such an entity administers health benefits, pays claims under the plan, provider networks, sets payment rates, are not risk-bearing entities. administrative may take such actions as are necessary to this subsection, including by setting adequacy standards, establishing quality establishing reporting requirements, administrative costs, and specifying any other requirements or standards necessary in with specified entities under this and overseeing such entities, with respect to administration of the federal medicaid ORG program. carrying out the duties a contract entered into under paragraph ( 1 CARDINAL ) the secretary and a medicaid ORG managed care or a third ORDINAL party plan administrator, respect to a coverage gap the secretary may establish minimum and licensure requirements for such a managed care organization or third 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00557 fmt 6652 sfmt 6201 CARDINAL plan administrator for purposes of out such duties; and any provisions of law of that state relate to the licensing of the organization administrator and which prohibit the or administrator from providing coverage to a contract under this section shall superseded. the case of an eligible with a contract under this section that fails to with the requirements of such entity to this section or such contract, the secretary withhold payment (or any portion of such to such entity under this section in with a process specified by the secretary, a corrective action plan on such entity, the contract, or impose a civil monetary penalty such entity in an amount not to exceed $ 10,000 MONEY each such failure. in implementing this the secretary shall have the authorities the secretary under section 1932(e LAW ) and f and i of part 438 CARDINAL of title 42 DATE , code of regulations. coverage gap geographic of this section, the term gap 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00558 fmt 6652 sfmt 6201 means an area of one CARDINAL or more coverage states, as specified by the secretary, or any within such a state, as specified by the periodic data secretary including through contract, periodically verify the of an individual enrolled in the federal medicaid ORG for a year DATE , before the end of such year DATE , to if there has been any change in the for benefits under the program. for purposes of the sentence, in the case that, pursuant to such an individual is determined to have had a in income that results in such individual no longer as an described section the secretary shall apply the processes and protections as states are required this title to apply with respect to an individual who determined to have had a change in income that results such individual no longer being included as eligible for assistance under this title (other than pursuant this section). drug purposes of subsection in applying section 1927 DATE , the secretary shall directly or through 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00559 fmt 6652 CARDINAL sfmt 6201 DATE require an eligible entity with a contract subsection (b) to report the data required to reported under section 1927(b)(2 LAW ) by a state and require such entity to submit to the rebate data, utilization data, and any other that would otherwise be required under 1927 DATE to be submitted to the secretary by a shall take such actions as are necessary develop or adapt such processes and as are necessary to report and collect data as necessary and to bill and track rebates under 1927 DATE , as applied pursuant to subsection for drugs that are provided under the medicaid ORG program; provide that the coverage requirements of drugs under the federal medicaid ORG comply with the coverage requirements under 1927 DATE ; require that in order for payment to be under the federal medicaid ORG program or section 1903(a) for covered outpatient drugs a manufacturer, the manufacturer must have into and have in effect a rebate agreement to rebates under section 1927 DATE to the federal 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00560 fmt 6652 CARDINAL sfmt 6201 CARDINAL program in the same form and manner as manufacturer is required to provide rebates an agreement described in section 1927(b) to state medicaid ORG program under this title; require an eligible entity with a contract subsection (b) to provide for a drug use program described in subsection (g) of section in accordance with the requirements applicable a state under such subsection (g) with respect to drug use review program; and adopt a mechanism to prevent the of section 1927 LAW from applying to covered drugs under the federal medicaid ORG program to this subsection and subsection (a)(2)(c) such drugs are subject to discounts under section of the public health service act. from exchange plans onto federal secretary shall provide a process under which, in the case of individuals to medical assistance pursuant section who are enrolled in qualified plans through an exchange in a coverage gap the secretary takes such steps as are to transition such individuals to coverage 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00561 fmt 6652 CARDINAL sfmt 6201 CARDINAL the federal medicaid ORG program. such process apply procedures described to screen for eligibility and under the federal medicaid ORG program in the manner as such procedures screen for and enrollment under qualified health plans an exchange established under title i of the protection and affordable care act. in case coverage gap state begins coverage under state shall provide for a process for, in the case a coverage gap state in which the state begins provide medical assistance to individuals described section 1902(a)(10)(a)(i)(viii LAW ) under the state (or waiver of such plan) and the federal program ceases to be offered, transitioning from such program to the state plan (or as eligible, a process all eligibility redeterminations. authority for may apply section 1902(a)(34 CARDINAL ), pursuant to (a)(2)(b) of this section, in accordance such phased-in implementation as the secretary necessary, but beginning as soon as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00562 fmt 6652 sfmt 6201 CARDINAL coordination with and enrollment secretary shall take such as are necessary to provide, in the case of a gap state in which the federal medicaid ORG program offered, for the availability of information on, of eligibility for, and enrollment in such through and coordinated with the exchange with respect to such state under title i of the protection and affordable care act. third ORDINAL party provisions of 1902(a)(25 CARDINAL ) shall apply with respect to the medicaid ORG program, the secretary, and the eligible with a contract under subsection (b) in the same as such provisions apply with respect to state under this title (or waiver of such plans) and the or local agency administering such plan (or waiver). secretary may specify a timeline (which may include phase-in) for implementing this subsection. fraud and abuse of (other than criminal law provisions) identified by the in consultation (as appropriate) with the general of the department of health and human that impose sanctions with respect to waste, and abuse under this title or title xi, such as the claims act ( 31 u.s.c QUANTITY . 3729 et seq.), as well as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00563 fmt 6652 sfmt 6201 CARDINAL of law (other than criminal law provisions) by the secretary that provide oversight authority, also apply to the federal medicaid ORG program. maintenance of in the case of a state as of january 1, 2022 DATE , is expending for all individuals described in section under the state plan waiver of such plan) and that stops amounts for all such individuals under the plan (or waiver of such plan), such state for each quarter DATE beginning after january 2022, during which such state does not amounts for all such individuals provide payment under this subsection to the of the product 10 percent PERCENT of, subject to (b), the average monthly DATE per capita expended under the state plan (or of such plan) for such individuals the most recent previous quarter DATE respect to which the state expended for all such individuals; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00564 fmt 6652 CARDINAL sfmt 6201 the sum, for each month DATE during quarter DATE , of the number of individuals under such program in such state. annual DATE purposes of (a), in the case of a state with to which such subparagraph applies respect to a period of consecutive quarters DATE during more than one CARDINAL calendar year, such consecutive quarters CARDINAL occurring during second ORDINAL of such calendar years DATE or a calendar year DATE , the average monthly DATE per costs for each such quarter DATE for such determined under subparagraph (a)(i), or subparagraph, shall be annually increased the secretary by the percentage increase in spending under this title during the year DATE (as determined based on the recent national health expenditure data respect to such year DATE ). form and manner of under paragraph ( 1 CARDINAL ) shall be made in a form manner specified by the secretary. a state fails to pay to secretary an amount required under paragraph interest shall accrue on such amount at the rate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00565 fmt 6652 sfmt 6201 CARDINAL under section 1903(d)(5 LAW ). the amount so and applicable interest shall be immediately against amounts otherwise payable to the under section 1903(a), in accordance with the claims collection act of 1996 DATE and regulations. data secretary shall such periodic data matches as may be to identify and compute the number of enrolled under the federal medicaid ORG under section 1948 LAW in a coverage gap state (as in subsection (a) of such section) for of computing the amount under paragraph secretary shall notify each described in paragraph ( 1 CARDINAL ) not later than a specified by the secretary that is before the of each quarter (beginning with 2022 DATE ) of the computed under paragraph ( 1 CARDINAL ) for the state that year. addition to amounts available, there is appropriated, out of any funds the treasury ORG not otherwise appropriated, for each fiscal such sums as are necessary to carry out subsections through (i) of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00566 fmt 6652 CARDINAL sfmt 6201 CARDINAL drug rebate conforming 1927(a)(1 CARDINAL ) of the social security act ( 42 u.s.c QUANTITY . is amended in the first ORDINAL by striking under part b of title inserting under the federal medicaid ORG under section 1948 LAW , or under part b of title and by inserting as such subsection is pursuant to subsections (a)(2)(c) and (d) of 1948 DATE with respect to the federal medicaid ORG before must access to medicaid ORG and community-based services 30711 CARDINAL . definitions. this part: term committees of means the committee on energy and of the house of representatives, the on finance of the senate ORG , the committee on education, labor and pensions of the and the special committee on aging of the direct care term means, with respect to a state, any of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00567 fmt 6652 CARDINAL sfmt 6201 following individuals who by contract, by receipt payment for care, or as a result of the operation law, provides directly to medicaid ORG eligible home and community-based services available the state medicaid ORG program: a registered nurse, licensed practical nurse practitioner, or clinical nurse who provides licensed nursing services, or licensed nursing assistant who provides such under the supervision of a registered licensed practical nurse, nurse or clinical nurse specialist. a direct support professional. a personal care attendant. a home health aide. any other paid health care or worker determined to be appropriate the state and approved by the secretary. hcbs program ORG improvement term program improvement a state that is awarded a planning grant section 1011(a) and has an hcbs plan approved by the secretary under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00568 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL health term any of the following entities that provide or for home and community-based services for eligible individuals who are enrolled with entities under a contract with a state: a medicaid ORG managed care as defined in section 1903(m)(1)(a DATE ) of the a prepaid inpatient health plan or ambulatory health plan, as defined in 438.2 CARDINAL of title 42 DATE , code of federal (or any successor regulation)). any other entity determined to be by the state and approved by the home and community-based term and community-based means any of the following (whether provided a fee-for-service, risk, or other basis): home health care services authorized paragraph ( 7 CARDINAL ) of section 1905(a) of the security act ( 42 u.s.c QUANTITY . 1396d(a CARDINAL )). private duty nursing services under paragraph ( 8) CARDINAL of such section, when 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00569 fmt 6652 sfmt 6201 CARDINAL services are provided in a medicaid ORG eligible home. personal care services authorized paragraph ( 24 CARDINAL ) of such section. pace services authorized under ( 26 CARDINAL ) of such section. home and community-based services under subsections (b), (c), (i), (j), (k) of section 1915 LAW of such act ( 42 u.s.c QUANTITY . authorized under a waiver under 1115 of such act ( 42 u.s.c QUANTITY . 1315 DATE ), or through coverage authorized under 1937 DATE of such act ( 42 u.s.c QUANTITY . case management services authorized section 1905(a)(19 CARDINAL ) of the social act ( 42 u.s.c QUANTITY . 1396d(a)(19 CARDINAL )) and section of such act ( 42 u.s.c QUANTITY . 1396n(g)). rehabilitative services, including those to behavioral health, described in section act u.s.c. self-directed personal assistance authorized under section 1915(j LAW ) of the security act ( 42 u.s.c QUANTITY . 1396n(j)). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00570 fmt 6652 CARDINAL sfmt 6201 CARDINAL school-based services when the school the location for provision of services if the authorized under section 1905(a) such act ( 42 u.s.c QUANTITY . 1396d(a CARDINAL )) (or a waiver under section 1915(c) or under section 1115 DATE ) ; and described in another subparagraph this paragraph. such other services specified by the institutional term a skilled nursing facility (as defined in 1819(a) of the social security act ( 42 CARDINAL a nursing facility (as defined in section of such act ( 42 u.s.c QUANTITY . 1396r(a))); a long-term care hospital (as described section 1886(d)(1)(b)(iv) of such act (42 1395ww(d)(1)(b)(iv))); a facility (or distinct part thereof) in section 1905(d LAW ) of such act ( 42 1396d(d QUANTITY ))); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00571 DATE fmt 6652 CARDINAL sfmt 6201 an institution (or distinct part thereof) is a psychiatric hospital (as defined in 1861(f) of such act u.s.c. or that provides inpatient psychiatric in a residential setting specified by the an institution (or distinct part thereof) in section 1905(i) of such act ( 42 1396d(i QUANTITY )); and by the secretary. any other relevant facility, as medicaid ORG eligible eligible means an who is eligible for and receiving medical under a state medicaid ORG plan or a waiver plan. such term includes an individual who become eligible for medical assistance and under a state medicaid ORG plan, or waiver of plan, upon removal from a waiting list. state medicaid ORG term medicaid ORG means, with respect to a the state program under title xix of the security act ( 42 u.s.c QUANTITY . 1396 et seq.) (including waiver or demonstration under such title or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00572 CARDINAL fmt 6652 CARDINAL sfmt 6201 section 1115 DATE of such act ( 42 u.s.c QUANTITY . 1315 DATE ) to such title). term means secretary of health and human services. term means each of 50 CARDINAL states, the district of columbia GPE , puerto rico GPE , virgin islands, guam GPE , the northern mariana and american NORP samoa. 30712 CARDINAL . hcbs improvement planning grants. in addition to amounts available, there is appropriated to the for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 130,000,000 MONEY , remain available until expended, for carrying out section. technical assistance and secretary shall reserve $ 5,000,000 MONEY of the appropriated under paragraph ( 1 CARDINAL ) for of issuing guidance and providing technical to states intending to apply for, or a planning grant under this section, and for administrative expenses related to awarding grants under this section. award and use of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00573 fmt 6652 CARDINAL sfmt 6201 CARDINAL deadline for award of amount appropriated under subsection (a)(1), secretary, not later than 12 months DATE after the of enactment of this act, shall solicit state for hcbs improvement planning grants and such grants to all states that meet such as determined by the secretary. criteria for determining amount of secretary shall take into account the a state would propose to make, with the areas of focus of the hcbs plan requirements described under (c) in determining the amount of the grant to be awarded to each state that requests a grant. use of state awarded a grant under this section shall use the grant to out planning activities for purposes of and submitting to the secretary an hcbs plan for the state that meets the of subsections (c) and (d) in order to expand to home and community-based services and the direct care workforce that provides services. a state may use planning grant funds support activities related to the implementation of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00574 fmt 6652 sfmt 6201 hcbs improvement plan for the state, collect report information described in subsection (c), areas for improvement to the service systems for home and community-based services, out activities related to evaluating payment for home and community-based services and improvements to update the rate setting and for such other purposes as the shall specify, including the following: caregiver supports. addressing social determinants of (other than housing or homelessness). promoting equity and addressing disparities. promoting community integration and with the home and community-based rule published on january 16, 2014 DATE , or successor regulation. building partnerships. infrastructure investments (such as management or other information systems). hcbs improvement plan order to meet the requirements of this subsection, an improvement plan developed using funds awarded 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00575 fmt 6652 CARDINAL sfmt 6201 a state under this section shall include, with respect the state and subject to subsection (d), the following: existing medicaid ORG hcbs eligibility and of the existing standards, pathways, methodologies for eligibility (which shall be by the state based on eligibility under the state plan or waiver of such for home and community-based services, limits on assets and income, the home community-based services available under state medicaid ORG program and the types of in which they may be provided, and management standards for such description of the to accessing home and community- services in the state identified by eligible individuals, the families such individuals, and providers of such such as barriers for individuals wish to leave institutional settings, experiencing homelessness or instability, and individuals in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00576 fmt 6652 sfmt 6201 CARDINAL areas of the state with low or no to such services. availability; unmet accordance with guidance by the secretary, of the extent to home and community-based services available to all individuals in the state would be eligible for such services the state medicaid ORG program individuals who are on a waitlist for services). assessment of the of home and community-based in the state during such period specified by secretary. service delivery structures and description of the service structures for providing home and services the state, models of self-direction are used and to medicaid ORG eligible individuals such models available, the share of total services that are by agencies, the use of managed and fee-for-service to provide such services, the supports provided for family caregivers. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00577 fmt 6652 CARDINAL sfmt 6201 CARDINAL description of the care workforce that provides home and services, including estimates a description of the methodology used to such estimates) of the number of full- part-time direct care workers, the average range of direct care worker wages, the provided to direct care workers, the and vacancy rates of direct care worker the membership of direct care workers labor organizations and, to the extent the has access to such data, demographic about such workforce, including on race, ethnicity, and gender. payment in description of the rates for home and community- services, including, to the extent how payments for such services factored into the development of care capitation rates, and when the last updated payment rates for home community-based services, and the to which payment rates are passed to direct care worker wages. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00578 fmt 6652 sfmt 6201 assessment of relationship between payment rates for services and average beneficiary wait for such services, ratios in the geographic region. description of how the of home and community-based services measured and monitored. long-term services and supports in institutional of the number of individuals enrolled the state medicaid ORG program who receive and services for greater than 30 days DATE in institutional setting that is a nursing facility intermediate care facility, and the information of such individuals who are such items and services in such hcbs share of overall medicaid ORG the most recent state year for which complete data is available, percentage of expenditures made by the under the state medicaid ORG program for services and supports that are for and community-based services. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00579 fmt 6652 sfmt 6201 CARDINAL demographic the extent and as applicable with respect to the under and (h), demographic data for such disaggregated by age groups, disability, income brackets, gender, race, geography, primary language, and of service setting. goals for hcbs of how the state will do the following: conduct the activities required under (jj) of section 1905 LAW of the social act(as added under section 30713 LAW ). reduce barriers and disparities in or utilization of home and community- services in the state. monitor and report (with supporting to the extent available and applicable by age groups, primary disability, brackets, gender, race, ethnicity, primary language, and type of service access to home and community- services under the state medicaid ORG disparities in access to such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00580 fmt 6652 CARDINAL sfmt 6201 and the utilization of such services; the amount of state medicaid ORG for home and community-based under the state medicaid ORG program a proportion of the total amount of expenditures under the state program for long-term services and monitor and report on wages, benefits, vacancy and turnover rates for direct care assess and monitor the sufficiency of under the state medicaid ORG program the specific types of home and community- services available under such program for of supporting direct care worker and retention and ensuring the of home and community-based services. coordinate of the plan among the state agency, agencies serving individuals disabilities, agencies serving the elderly, other relevant state and local agencies and that provide related supports, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00581 fmt 6652 CARDINAL sfmt 6201 DATE as those for housing, transportation, and other services and supports. approval development order meet the requirements of this subsection, a state a planning grant under this section shall an hcbs improvement plan for the state input from stakeholders through a public notice comment process that includes consultation with eligible individuals who are recipients of and community-based services, family of such recipients, providers, health plans, care workers, chosen representatives of direct workers, and aging, disability, and workforce authority to adjust certain plan secretary may the requirements for any of the information in subsection (c)(1) if a state requests a and demonstrates to the satisfaction of secretary that it is impracticable for the state collect and submit the information. submission and later 24 months DATE after the date on which a state is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00582 fmt 6652 CARDINAL sfmt 6201 a planning grant under this section, the shall submit an hcbs improvement plan for by the secretary, along with assurances by state that the state will implement the plan in with the requirements of the hcbs program established under subsection (jj) section 1905 of the social security act ( 42 1396d DATE ) (as added by section 30713 LAW ). the shall approve and make publicly available hcbs improvement plan for a state after the and such assurances are submitted to the for approval and the secretary determines the meets the requirements of subsection (c). a may amend its hcbs improvement plan, to the approval of the secretary that the plan so amended meets the requirements of subsection the secretary may withhold or recoup funds under this section to a state or pursuant section 1905(jj CARDINAL ) of the social security act, as by section 30713 LAW , if the state fails to the hcbs improvement plan of the state or applicable deadlines under this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00583 DATE fmt 6652 CARDINAL sfmt 6201 30713 DATE . hcbs improvement program. increased fmap for hcbs program 1905 CARDINAL of the social act ( 42 u.s.c QUANTITY . 1396d) is in subsection (b), by striking and and and by adding at the end the following new additional support for hcbs program in additional to (5), in the case of a state that is an program improvement state, for each quarter DATE that begins on or after the first ORDINAL on which the state is an hcbs program and for which the state meets the described in paragraphs ( 2 CARDINAL ) ( 4 CARDINAL ), notwithstanding subsection (b) or subject to subparagraph (b), with to amounts expended during the by such state for medical for home and community-based the federal medical assistance for such state and quarter (as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00584 fmt 6652 CARDINAL sfmt 6201 for the state under subsection and, if applicable, increased under (y), (z), (aa), or (ii), or section of the families first ORDINAL coronavirus act) shall be increased by 7 CARDINAL points; and with respect to the state meeting requirements described in paragraphs and notwithstanding 1903(a)(3)(f DATE ), and 1903(t), respect to amounts expended during quarter DATE and before october 1, 2031 DATE , administrative costs for expanding and home and community-based including for enhancing medicaid ORG and technology infrastructure, rate setting processes, adopting or training programs for direct workers and family caregivers, and carrying out, or enhancing that register direct care workers or beneficiaries to direct care the per centum specified in such shall be increased to 80 percent PERCENT . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00585 fmt 6652 CARDINAL sfmt 6201 no case may the application of clause (i) in the federal medical assistance determined for a state being more than 95 CARDINAL with respect to such expenditures. in no shall the application of clause (ii) result in reduction to the per centum otherwise without application of such clause. any pursuant to clause (ii) shall be available a state before the state meets the of paragraphs ( 2 CARDINAL ) and (4). additional hcbs improvement to paragraph ( 5 CARDINAL ), in to the increase to the federal medical percentage under subparagraph (a)(i) amounts expended during a quarter DATE for assistance for home and community- services by an hcbs program state that meets the requirements of ( 2 CARDINAL ) and (4) for the quarter DATE , the medical assistance percentage expended by the state during the for medical assistance for home and services shall be further by 2 CARDINAL percentage points (but not to 95 percent PERCENT ) during the first 8 fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00586 fmt 6652 sfmt 6201 throughout which the state has and has in effect a program to support care that meets the requirements paragraph ( 3 CARDINAL ). nonapplication of territorial payment made to puerto the virgin islands, guam GPE , the northern islands, or american NORP samoa for that are subject to an increase in the medical assistance percentage under (a)(i) or (b), or an increase in applicable federal matching percentage subparagraph (a)(ii), shall not be taken account for purposes of applying payment under subsections (f) and (g) of section nonapplication to chip increase described in subparagraph (a) (or made for expenditures on medical that are subject to such increase) shall be taken into account in calculating the fmap of a state under section 2105 LAW . conditions for of the increase under paragraph ( 1 CARDINAL ) to the medical assistance percentage determined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00587 CARDINAL fmt 6652 sfmt 6201 a state, with respect to a fiscal year quarter DATE , the shall meet each of the following requirements: state the federal funds attributable to the in the federal medical assistance for amounts expended during a quarter medical assistance for home and services under subparagraphs (a) if applicable, (b) of paragraph ( 1 CARDINAL ) to and not supplant, the level of state expended for home and community-based for eligible individuals through in effect as of the date the state is a planning grant under section 30712 LAW the act titled act to provide for pursuant to title ii of s. con. res. in applying this subparagraph, the shall provide that a state shall have a 3- period to spend any accumulated unspent funds attributable to the increase in clause (i) in the federal medical percentage. maintenance of in state does 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00588 fmt 6652 CARDINAL sfmt 6201 reduce the amount, or scope of home and services available under the plan or waiver (relative to the and community-based services under the plan or waiver as the date on which the state was a planning grant under 30712 CARDINAL of the act titled act provide for reconciliation pursuant title ii of s. con. res. reduce payment rates for and community-based services than such rates that were in as of the date described in (i), including, to the extent payment rates for such that are included in managed capitation rates; or except to the extent under clause (ii), adopt more standards, methodologies, procedures for determining benefits, or services for receipt home and community-based 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00589 fmt 6652 CARDINAL sfmt 6201 including with respect to cost- than the standards, or procedures applicable as such date. flexibility to support state may make that would otherwise violate maintenance of effort described (i) if the state demonstrates to the of the secretary that such shall not result home and community-based that are less comprehensive amount, duration, or fewer individuals (overall within particular eligibility groups categories) receiving home and services; or increased cost-sharing for and community-based services. access to an implementation date as specified by the after the first day of the first DATE fiscal for which a state receives an increase 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00590 fmt 6652 CARDINAL sfmt 6201 the federal medical assistance percentage or applicable federal matching percentage paragraph ( 1 CARDINAL ), the state does all of the to improve access to services: reduce access barriers and in access or utilization of home community-based services, as in the state hcbs improvement provides coverage of personal services authorized under subsection for all individuals eligible for assistance in the state. provides for navigation of home community-based services through programs, provides expedited for home and community-based and improves home and services counseling and programs. expands access to behavioral services as defined in the improvement plan. improves coordination of home community-based services with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00591 fmt 6652 CARDINAL sfmt 6201 CARDINAL housing, and transportation provides supports to family such as respite care, caregiver peer supports, or paid family adopts, expands eligibility for, expands covered items and services under 1 CARDINAL or more eligibility categories under subclause (xiii), (xv), (xvi) of section 1902(a)(10)(a)(ii). strengthened and expanded and expands the direct care that provides home and services adopting processes to ensure payments for home and services are sufficient to that care and services are to the extent described in the hcbs improvement plan; and (as appropriate), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00592 fmt 6652 CARDINAL sfmt 6201 and adopting training for the continuum of providers home and community-based programs for providers of such services and direct care workers, as well as programs and resources for caregivers. payment carrying clause (i)(i), the state update and increase, as payment rates for delivery home and community-based to support the recruitment and of the direct care workforce; review and, if necessary to sufficient access to care, payment rates for home and services, not than once every 3 years, a transparent process meaningful from including recipients of home community-based services, family of such recipients, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00593 fmt 6652 CARDINAL sfmt 6201 CARDINAL health plans, direct care chosen representatives of direct workers, and aging, disability, workforce advocates; and ensure that increases in payment rates for home and at a minimum, results a proportionate increase to for direct care workers in a manner that is with input from the described subclause and incorporate into payment rates for home under this title by a care entity (as defined section 1932(a)(1)(b LAW )) a inpatient health plan or ambulatory health plan, as in section 438.2 LAW of title code of federal regulations any successor regulation)), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00594 fmt 6652 sfmt 6201 and paid capitation rates with the a self-directed models for the of conditions for receipt of the under paragraph (1)(b) to the federal assistance percentage determined for a with respect to a fiscal year quarter DATE , the state establish directly, or by contract with 1 CARDINAL or non-profit entities, including an agency with or a similar service delivery model, a program the performance of all of the following functions: registering qualified direct care and assisting beneficiaries in finding care workers. undertaking activities to recruit and independent providers to enable to direct their own care, including by or coordinating training for on self-directed care. ensuring the safety of, and the quality of, care provided to such as by conducting background and addressing complaints reported by of home and community-based 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00595 fmt 6652 sfmt 6201 CARDINAL consistent with fair hearing requirements prior notice of service reductions, including subpart f of part 438 CARDINAL of title 42 DATE , code federal regulations and section 438.71(d) of title. facilitating coordination between and local agencies and direct care workers matters of public health, training changes in program requirements, health and safety, or related matters. supporting beneficiary hiring, if by the beneficiary, of independent of home and community-based services, by processing applicable tax collecting and processing timesheets, claims and processing payments to such to the extent a state permits to hire a family member or individual whom they have an existing relationship to home and community-based service, support to beneficiaries who wish to a caregiver who is a family member or with whom they have an existing such as by facilitating enrollment of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00596 fmt 6652 sfmt 6201 family member or individual as a provider home and community-based services under state plan or a waiver of such plan. ensuring that such programs do not against organizations or who may join or decline to join a labor reporting and for receipt of the increase under paragraph ( 1 CARDINAL ) the federal medical assistance percentage for a state, with respect to a fiscal year DATE the state shall meet each of the following the state designates (by a date by the secretary) an hcbs ombudsman operates independently from the medicaid ORG agency and managed care provides direct assistance to of home and community-based available under the state medicaid ORG and their families; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00597 fmt 6652 CARDINAL sfmt 6201 identifies and reports systemic to state officials, the public, and secretary. beginning with the 5th fiscal quarter DATE which the state is an hcbs program state, and annually DATE thereafter, the reports to the secretary on the state (as the last quarter DATE before the report) of the of the home and community-based landscape described in the state hcbs plan, including with respect the availability and utilization of (to the extent available and applicable) by age groups, primary income brackets, gender, race, geography, primary language, and of service setting; wages, benefits, turnover and rates for the direct care workforce; changes in payment rates for and community-based services; implementation of the activities strengthen and expand access to home community-based services and the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00598 fmt 6652 sfmt 6201 care workforce that provides such in accordance with the of subparagraphs (c) and (d) of ( 2 CARDINAL ); if applicable, implementation of activities described in paragraph ( 3 CARDINAL ); state expenditures for home and services under the state or a waiver of such plan as a of the total amount of state under the plan or waiver of such plan long-term services and supports; and the challenges in, and best for, expanding access to home and services, reducing and supporting and expanding the care workforce. benchmarks for demonstrating hcbs program shall cease to be eligible for an increase in the medical assistance percentage under ( 1)(a)(i CARDINAL ) or (1)(b) or an increase in an federal matching percentage under paragraph at any time or beginning with the 29th quarter DATE that begins on or after the first ORDINAL date on 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00599 fmt 6652 sfmt 6201 a state is an hcbs program improvement if the state is found to be out of compliance paragraph ( 2)(b CARDINAL ) or any other requirement of subsection and, beginning with such 29th fiscal unless, not later than 90 days DATE before the day of such fiscal quarter DATE , the state submits to secretary a report demonstrating the following increased availability (above a increase) of home and community-based in the state relative to such availability reported in the state hcbs improvement and adjusted for demographic changes in state since the submission of such plan. reduced disparities in the utilization availability of home and community-based relative to the availability and of such services by such populations as in such plan according to age groups, disability, brackets, gender, ethnicity, geography, primary language, type of service setting (to the extent and applicable), and adjusted for changes in the state since the of such plan. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00600 CARDINAL fmt 6652 sfmt 6201 evidence that rates are sufficient to access to items and services for eligible for hcbs in such state. with respect to the percentage of made by the state for long-term and supports that are for home and services, in the case of an program improvement state for which percentage (as reported the state improvement plan) less than 50 percent PERCENT , the state that the percentage of such has increased to at least 50 CARDINAL since the plan was approved; and at least 50 percent PERCENT , the state that such percentage has not since the plan was approved. this subsection, the medicaid ORG care program improvement and and have the meaning given terms in section 30711 LAW of the act titled to provide for reconciliation pursuant to title ii s. con. res. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00601 fmt 6652 CARDINAL sfmt 6201 30714. funding for technical assistance and administrative requirements to medicaid hcbs. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 35,000,000 MONEY , to remain available until to carry out the following activities: to prepare and submit to the appropriate of not later than 4 years DATE after the date enactment of this act, a report that a description of the hcbs plans approved by the secretary section 30712(d); a description (which may be a report with examples or of the landscape, at both the national state levels, with respect to gaps in of home and community-based disparities in access to, and of, such services, and barriers to such services; and a description of the national with respect to the direct care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00602 fmt 6652 CARDINAL sfmt 6201 that provides home and community- services, including with respect to benefits, and challenges to the of such workers; and not later than 7 years DATE after the date enactment of this act, and every 3 years DATE a report that the number of hcbs program states; a summary of the progress being by such states with respect to and expanding access to and community-based services and direct care workforce that provides services and meeting the benchmarks demonstrating improvements required section 1905(jj)(5 LAW ) of the social act (as added by section 30713 LAW ); a summary of measures as a part of the home and quality and beneficiary and family surveys; and a summary of the challenges and practices reported by states in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00603 fmt 6652 sfmt 6201 access to home and community- services and supporting and the direct care workforce that provides services. to provide hcbs program improvement with technical assistance related to carrying the hcbs improvement plans approved by the under section 30712(d LAW ) and meeting the and benchmarks for demonstrating required under section 1905(jj LAW ) of the security act (as added by section 30713 LAW ), to issue such guidance or regulations as to carry out this subtitle and the amendments by this subtitle, including guidance specifying states shall assess and track access to home community-based services over time. 30715. funding for hcbs quality measurement improvement. in xi of the social security act u.s.c. 1301 DATE et seq.) is in section in subsection by striking with the state report on fiscal year DATE inserting the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00604 CARDINAL fmt 6652 sfmt 6201 in to clause beginning with the annual DATE state report fiscal year DATE and by adding at the end the following clause: reporting respect to reporting on regarding the quality of home community-based services provided to under title xix, beginning with annual DATE state report for the first ORDINAL fiscal that begins on or after the date that 2 years DATE after the date that the secretary the home and community-based quality measures developed under (b)(5)(b) the secretary shall states to report such information the standardized format for information and procedures developed subparagraph (a) and using such and community-based quality developed under subsection (b)(5) any updates or changes to such and in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00605 fmt 6652 sfmt 6201 by striking no later january 1 DATE , and inserting the in no later january 1 DATE , and by adding at the end the following subparagraph: hcbs quality with the first year DATE that begins on the date is 2 years DATE after the date of enactment of subparagraph, the core measures described subsection (a) (and any updates or changes such measures) shall include home and services quality measures by the secretary in the manner described section 1139b(b)(5)(d DATE ). the secretary may which measures are to be included in core set under this section and which in the set under section 1139b DATE , based on the in health care needs for the relevant and in section in subsection in paragraph ( 3 CARDINAL ), by adding at the the following new subparagraph: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00606 fmt 6652 CARDINAL sfmt 6201 mandatory reporting with to hcbs quality with the state report required under (d)(1) for the first year DATE that begins on after the date that is 2 years DATE after the date the secretary publishes the home and quality measures developed under (5)(d), the secretary shall require to report information, using the format for reporting information and developed under subparagraph (a), the quality of home and community- services for medicaid ORG eligible adults using the home and community-based quality measures included in the set of adult health quality measures subparagraph (d), and any updates changes to such measures; or an equivalent alternative set of and community-based services measures approved by the in paragraph ( 5 CARDINAL ), by adding at the the following new subparagraph: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00607 fmt 6652 CARDINAL sfmt 6201 hcbs quality in with to state reports required under (d)(1) for the first year DATE that on or after the date that is 2 years DATE the date of enactment of this the core set of adult health measures maintained under this (and any updates or changes to measures) shall include home and services quality measures in accordance with this interagency stakeholder (and subsequently reviewing updating) the home and services quality measures the core set of adult quality measures maintained this paragraph, the secretary collaborate with the of the centers for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00608 fmt 6652 CARDINAL sfmt 6201 CARDINAL & medicaid services, administrator of the for community living, director of the agency for research and and the assistant secretary mental health and substance and ensure that such home measures are informed by from stakeholders, recipients of home and of such recipients, health plans, direct care chosen representatives direct care workers, and aging, and workforce of home and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00609 fmt 6652 CARDINAL sfmt 6201 reflect the full array home and community-based and recipients of such and outcomes-based measures of services; measures of capacity and measures measures to self-directed care; measures related transitions to and from care; and beneficiary and caregiver surveys. and community-based services measures shall allow for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00610 fmt 6652 CARDINAL sfmt 6201 to the extent available, of that is disaggregated by age primary disability, gender, race, ethnicity, primary language, and type of setting. of this section and section the terms and and care have the given those terms section of the act titled act to for reconciliation pursuant to ii of s. con. res. otherwise available, there is to the secretary for fiscal year DATE out of any money in the treasury otherwise appropriated, $ 5,000,000 MONEY , to available until expended, for out this and in subsection (d)(1)(a), by striking and inserting beginning with the for the first year DATE that begins after the date 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00611 fmt 6652 CARDINAL sfmt 6201 DATE is 2 years DATE after the secretary publishes the and community-based quality measures under subsection (b)(5)(d), home community-based services quality measures in the core set of adult health quality maintained under subsection (b)(5) any updates or changes to such measures an equivalent alternative set of home and services quality measures by the secretary; increased federal matching rate for and in 1903(a)(3 CARDINAL ) of the security act ( 42 u.s.c QUANTITY . 1396b(a)(3)) is in subparagraph (f)(ii), by striking after the semicolon and inserting following: by inserting after subparagraph (f), 80 percent PERCENT of so much of the sums during such quarter DATE as are to the reporting of information regarding quality of home and community-based 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00612 fmt 6652 sfmt 6201 DATE and 1139b(b)(3)(c CARDINAL ); exemption from payment 1108(g)(4 CARDINAL ) of the social security is amended by adding at the end the following subparagraph: additional exemption relating hcbs quality section 1903(a)(3)(g LAW ) shall not be taken account in applying payment limits under (f) and this medicaid 30721 PRODUCT . permanent extension of medicaid ORG against spousal for recipients of home and services. 1924(h)(1)(a CARDINAL ) of the social security act ( 42 CARDINAL is amended by striking the state) described and inserting the following: for medical assistance for home and community- services provided under subsection (c), (d), or (i) section 1915 DATE or under a waiver approved under section or who is eligible for such medical assistance by being determined under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00613 fmt 6652 CARDINAL sfmt 6201 DATE or by reason of section 1902(f LAW ) or on the basis of a reduction of income based on costs for medical or other remedial care, or who is for medical assistance for home and community-based services and supports under section 30722 LAW . permanent extension of money follows person rebalancing in (h) of section 6071 LAW of deficit reduction act of 2005 DATE ( 42 u.s.c QUANTITY . 1396a note) in paragraph subparagraph (i), by after the semicolon; by amending subparagraph (j) to read follows: $ 450,000,000 MONEY for each fiscal year fiscal year DATE and by striking subparagraph (k); in paragraph ( 2 CARDINAL ), by striking and inserting 30 CARDINAL of the fiscal and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00614 fmt 6652 CARDINAL sfmt 6201 technical of the made available under paragraph ( 1 CARDINAL ), for 3-year DATE period beginning with fiscal year 2022 DATE for each subsequent 3-year DATE period, $ 5,000,000 MONEY be made available for carrying out subsection and redistribution of unexpended grant (e)(2) of section 6071 LAW of the deficit act of 2005 DATE ( 42 u.s.c QUANTITY . 1396a note) is amended adding at the end the following new sentence: of a state grant award for a fiscal year DATE under this that is unexpended by the state at the end of the succeeding fiscal year DATE shall be rescinded by the and added to the appropriation for the fifth fiscal 30723 DATE . extending continuous medicaid ORG for pregnant and postpartum requiring full benefits for pregnant postpartum women for 12-month DATE period post in (5) of section of the social security act ( 42 u.s.c QUANTITY . is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00615 fmt 6652 sfmt 6201 by striking a woman and for any fiscal year quarter DATE respect to which the amendments made by 30723(a)(1)(b CARDINAL ) of the act titled to provide for reconciliation pursuant to ii of s. con. res. do not apply with the first fiscal year quarter beginning year DATE after the date of the enactment of act), a woman and by adding at the end the following new for any fiscal year quarter DATE (beginning the first fiscal year quarter beginning one year DATE the date of the enactment of this any individual who, while pregnant, is for and received medical assistance under the plan or a waiver of such plan (regardless of basis for the eligibility for medical and including during a period of eligibility under subsection (a)(34)), shall eligible, notwithstanding section 1916(c)(3 CARDINAL ) or other limitation under this title, for medical through the end of the month DATE in which the period (beginning on the last day DATE of of the individual) ends, and such medical 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00616 fmt 6652 sfmt 6201 CARDINAL shall be in accordance with clauses (i) and of paragraph conforming xix of social security act ( 42 u.s.c QUANTITY . 1396 et seq.) is in section 1902(a)(10), in the matter subparagraph (g), by striking medical and all that follows and inserting in section 1902(e)(6 LAW ), by striking case and inserting any fiscal year DATE with respect to which the amendments by section 30723(a)(1)(b LAW ) of the act act to provide for reconciliation to title ii of s. con. res. do not apply with the first fiscal year quarter one year DATE after the date of the of such act), in the case in section 1902(l)(1)(a LAW ), by striking and inserting in section in clause (i), by striking and inserting period for any fiscal year quarter DATE with respect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00617 fmt 6652 sfmt 6201 which the amendments made by section of the act titled act provide for reconciliation pursuant to ii of s. con. res. do not apply with the first fiscal year beginning one year DATE after the date of the of such act), 60-day DATE in clause (ii), by inserting an individual to whom section applies, in accordance with section, through the end of the month DATE which the 12-month DATE period (beginning the last day of pregnancy of the before the period at the end; in section 1905(a), in the 4th ORDINAL sentence the matter following paragraph ( 31 CARDINAL ), by and inserting period (or, for any fiscal year quarter DATE respect to which the amendments made by 30723(a)(1)(b CARDINAL ) of the act titled to provide for reconciliation pursuant to ii of s. con. res. do not apply with the first fiscal year quarter beginning 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00618 fmt 6652 CARDINAL sfmt 6201 year DATE after the date of the enactment of act), 60-day DATE transition from state of the social security act ( 42 u.s.c QUANTITY . is amended by striking the option the and inserting any fiscal year quarter DATE respect to which the amendments made by section of the act titled act to provide for pursuant to title ii of s. con. res. do apply (beginning with the first fiscal year quarter one year DATE after the date of the enactment of such at the option of the effective in to paragraph ( 2 CARDINAL ), amendments made by this section shall take on the 1st day of the 1st fiscal year quarter DATE begins one year DATE after the date of the enactment this act and shall apply with respect to medical provided on or after such date. exception for state case of a state plan under title xix of the security act ( 42 u.s.c QUANTITY . 1396 et seq.) that the of health and human services determines state legislation in order for the plan to any requirement imposed by amendments made 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00619 fmt 6652 sfmt 6201 this section, the plan shall not be regarded as to comply with the requirements of such title on the basis of its failure to meet such a before the first day DATE of the first ORDINAL calendar beginning after the close of the first ORDINAL regular of the state legislature that begins after the of the enactment of this act. for purposes of previous sentence, in the case of a state that has 2-year DATE legislative session, each year DATE of the session be considered to be a separate regular session the state legislature. 30724. providing for 1 year DATE of continuous for children under the program. in 1902(e DATE ) of the social act ( 42 u.s.c QUANTITY . 1396a(e)) is in paragraph ( 12 CARDINAL ), by inserting the of the enactment of paragraph after by adding at the end following new 1 year DATE of continuous eligibility for state plan (or waiver of such plan) shall provide that an individual who is the age of 19 DATE and who is determined to be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00620 DATE fmt 6652 CARDINAL sfmt 6201 for benefits under a state plan approved under (a)(10)(a) shall remain eligible for such until the earlier the end of the 12-month DATE period on the date of such determination; the time that such individual attains age of 19 DATE ; or the date that such individual ceases be a resident of such effective in to paragraph ( 2 CARDINAL ), amendments made by subsection (a)(2) shall with respect to eligibility determinations or made on or after the date of the of this act. exception for state case of a state plan under title xix of the security act ( 42 u.s.c QUANTITY . 1396 et seq.) that the of health and human services determines state legislation in order for the plan to any requirement imposed by amendments made subsection (a)(2), the plan shall not be as failing to comply with the requirements of title solely on the basis of its failure to meet a requirement before the first day of the first 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00621 fmt 6652 CARDINAL sfmt 6201 quarter DATE beginning after the close of the regular session of the state legislature that after the date of the enactment of this act. for of the previous sentence, in the case of a that has a 2-year DATE legislative session, each year the session shall be considered to be a separate session of the state legislature. 30725 CARDINAL . allowing for medical assistance under for inmates during 30-day DATE preceding release. subdivision (a) following paragraph ( 31 CARDINAL ) of 1905(a PERSON ) of the social security act ( 42 u.s.c QUANTITY . is amended by inserting beginning on the day of the first fiscal year quarter DATE that begins one CARDINAL after the date of the enactment of the act titled to provide for reconciliation pursuant to title ii of s. res. except during the 30-day DATE period preceding date of release of such individual from such public after 30726 DATE . extension of certain provisions. express lane eligibility of the social security act ( 42 u.s.c QUANTITY . is amended by striking subparagraph (i). conforming amendments for assurance of standard for children and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00622 CARDINAL fmt 6652 CARDINAL sfmt 6201 1902(gg)(2) of the social security act (42 1396a(gg)(2)) is the paragraph heading, by striking september 30 DATE , and by striking september DATE and all follows through on september 30 DATE , inserting beginning on october 1 DATE , health program 30801 DATE . permanent extension of insurance program. in 2104(a)(28 CARDINAL ) of the social act ( 42 u.s.c QUANTITY . 1397dd(a)(28)) is amended to as follows: for fiscal year 2027 DATE and each subsequent such sums as are necessary to fund allotments states under subsection in 2104(m) of the security act ( 42 u.s.c QUANTITY . 1397dd(m CARDINAL )) is in paragraph ( 2)(b)(i CARDINAL ), by striking and and inserting in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00623 fmt 6652 CARDINAL sfmt 6201 by striking or and by striking a fiscal and a fiscal year DATE before by striking or and in paragraph in subparagraph (a), by striking ending with fiscal year DATE and in the flush left matter at the end, striking fiscal year DATE and year 2026, or a subsequent fiscal in paragraph by striking or and and by striking or and and by striking paragraph ( 11 CARDINAL ). of the bipartisan budget act of ORG 2018 DATE law is repealed. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00624 fmt 6652 CARDINAL sfmt 6201 30802 DATE . permanent extensions of other and demonstration projects. pediatric quality measures 1139a(i)(1) of the social security act ( 42 u.s.c QUANTITY . is in subparagraph (c), by striking at the end in subparagraph (d), by striking the period the end and insert a semicolon; and by adding at the end the following new for fiscal year 2028 DATE , $ 15,000,000 MONEY for purpose of carrying out this section (other subsections (e), (f), and (g)); and for a subsequent fiscal year DATE , the appropriated under this paragraph for previous fiscal year DATE , increased by the increase in the consumer price index for urban consumers (all items; united states GPE average) over such previous fiscal year DATE , for purpose of carrying out this section (other subsections (e), (f), and assurance of affordability standard for and 2105(d)(3) of the security act ( 42 u.s.c QUANTITY . 1397ee(d)(3)) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00625 fmt 6652 CARDINAL sfmt 6201 the paragraph heading, by striking september 30 DATE , and in subparagraph in the matter preceding clause by striking the period begins on the date of enactment of patient protection and affordable care and ends on september 30 DATE , and on the date of the of the patient protection and care by striking the period begins on october 1, 2019 DATE , and ends september 30 DATE , and inserting on october 1 DATE , and by striking preceding shall not be construed as preventing state during any such periods and preceding sentences shall be construed as preventing a state in clause (i), by striking the semicolon the end and inserting a period; by striking clauses (ii) and (iii); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00626 DATE fmt 6652 CARDINAL sfmt 6201 by striking and all that through eligibility inserting from applying eligibility of the social security act ( 42 u.s.c QUANTITY . is in the paragraph heading, by striking years 2009 DATE through and inserting fiscal year DATE and in subparagraph (a), by striking any fiscal years 2009 DATE through and inserting any fiscal year after fiscal year DATE outreach and enrollment 2113 CARDINAL of the social security act ( 42 u.s.c QUANTITY . 1397mm) in subsection in paragraph ( 1 CARDINAL ), by striking period of fiscal years 2009 DATE through inserting beginning with fiscal year DATE in paragraph by striking percent of such and inserting percent of amounts for the period or the fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00627 fmt 6652 sfmt 6201 for which such amounts are and by striking such inserting during such period or such and in paragraph ( 3 CARDINAL ), by striking the of fiscal years 2024 through 2027 DATE , an equal to 10 percent PERCENT of such inserting with fiscal year 2024 DATE , amount equal to 10 percent PERCENT of such amounts the period or the fiscal year DATE for which such are and in subsection by striking and inserting by striking and and by inserting after the $ 60,000,000 MONEY for fiscal years 2028 DATE , and 2020 DATE , for each 3 fiscal years after DATE year 2030 DATE , the amount appropriated this subsection for the previous fiscal increased by the percentage increase in consumer price index for all urban 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00628 fmt 6652 sfmt 6201 (all items; united states city GPE average) such previous fiscal child enrollment contingency 2104(n) of the social security act ( 42 u.s.c QUANTITY . is in paragraph in subparagraph by striking 2024 CARDINAL through and inserting with fiscal and by striking and and and in subparagraph by striking through inserting with fiscal year DATE and by striking and and and in paragraph by striking years 2024 DATE through and inserting year 2024 DATE or any fiscal and by striking or and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00629 fmt 6652 CARDINAL sfmt 6201 30803 DATE . state option to increase for medicaid ORG and chip. in 2110(b)(1)(b)(ii) of the security act ( 42 u.s.c QUANTITY . 1397jj(b)(1)(b)(ii)) is in subclause (ii), by striking at the in subclause (iii), by striking at the and inserting and by inserting after subclause (iii) the new subclause: at the option of the state, family income exceeds the maximum level otherwise established for under the state child health plan as the date of the enactment of this of the social security act ( 42 u.s.c QUANTITY . is in the matter preceding subparagraph (a), striking 50 CARDINAL states or the district of and inserting state (including the district columbia and each commonwealth ORG and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00630 fmt 6652 sfmt 6201 in subparagraph (b)(ii), by striking and in the matter following subparagraph (b), striking each place it occurs 30804 DATE . extending continuous chip coverage for and postpartum women. requiring full benefits for pregnant postpartum women for 12-month DATE period post in 2107(e)(1)(j DATE ) of the security act ( 42 u.s.c QUANTITY . 1397gg(e)(1)(j)) is by striking ( 5 CARDINAL ) and inserting for any fiscal year quarter DATE respect to which the amendments made by 30804(a)(1)(b CARDINAL ) of the act titled to provide for reconciliation pursuant to ii of s. con. res. do not apply with the first fiscal year quarter beginning year DATE after the date of the enactment of act), paragraphs ( 5)(a CARDINAL ) and and by adding at the end the following new for any fiscal year quarter DATE (beginning the first fiscal year quarter DATE beginning one 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00631 fmt 6652 CARDINAL sfmt 6201 DATE after the date of the enactment of this section 1902(e)(5)(b) (requiring, section 2103(e)(3)(c)(ii)(i CARDINAL ) or any limitation under this title, continuous for pregnant and postpartum individuals, 12 months DATE postpartum, of medical if the state provides child health for targeted low-income children who pregnant or to targeted low-income women, under the state child health plan waiver, including coverage of all items or provided to a targeted low-income child targeted low-income pregnant woman (as under the state child health plan or conforming 2112 DATE the social security act ( 42 u.s.c QUANTITY . 1397ll) is in subsection paragraph ( 1 CARDINAL ), by includes, through application of 1902(e)(5)(b DATE ) pursuant to section continuous coverage for and postpartum individuals, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00632 fmt 6652 CARDINAL sfmt 6201 12 months DATE postpartum of before the period at the end; and in paragraph ( 2 CARDINAL ), by striking and all that follows through and inserting period for any fiscal year quarter DATE with respect which the amendments made by section of the act titled act provide for reconciliation pursuant to ii of s. con. res. do not apply with the first fiscal year beginning one year DATE after the date of the of such act), 60-day DATE period) on the last day DATE of her and in subsection (f)(2), by striking and inserting period for any fiscal year quarter DATE with respect to amendments made by section of the act titled act to for reconciliation pursuant to title ii of con. res. do not apply (beginning with first fiscal year quarter beginning one year DATE the date of the enactment of such act), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00633 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective in to paragraph ( 2 CARDINAL ), amendments made by this section shall take on the 1st day of the 1st fiscal year quarter DATE begins one year DATE after the date of the enactment this act and shall apply with respect to child assistance and pregnancy-related assistance, applicable, provided on or after such date. exception for state case of a state child health plan under title xxi the social security act ( 42 u.s.c QUANTITY . 1397aa ORDINAL et that the secretary of health and human determines requires state legislation in order for plan to meet any requirement by made under this section, the plan shall be regarded as failing to comply with the of such title solely on the basis of its to meet such a requirement before the first ORDINAL of the first calendar quarter DATE beginning after the of the first ORDINAL regular session of the state that begins after the date of the enactment of act. for purposes of the previous sentence, in case of a state that has a 2-year DATE legislative each year of the session shall be considered to a separate regular session of the state legislature. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00634 fmt 6652 CARDINAL sfmt 6201 30805 DATE . providing for 1 year DATE of continuous for children under the health insurance program. 2107(e)(1 CARDINAL ) of the social security act (42 1397gg(e)(1)) is by (t) as subparagraphs (l) through (u), and by inserting after subparagraph (j) the new subparagraph: section 1902(e)(17) (relating to 1 CARDINAL of continuous eligibility for coverage of hearing, and vision 30901 CARDINAL . providing coverage for dental and oral care under the medicare 1861(s)(2 CARDINAL ) of the social act ( 42 u.s.c QUANTITY . 1395x(s)(2)) is in subparagraph (gg), by striking the semicolon at the end; in subparagraph (hh), by striking the at the end and adding and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00635 fmt 6652 sfmt 6201 CARDINAL dental and oral health services (as defined subsection dental and oral health services 1861 DATE of the social security act ( 42 1395x DATE ) is amended by adding at the end the new subsection: dental and oral health in term and oral means items and services (other such items and services for which payment may made under part a as inpatient hospital services) are furnished during 2028 DATE or a subsequent for which coverage was not provided under b as of the date of the enactment of this and that the preventive and screening services in paragraph ( 2 CARDINAL ) furnished by a of dental surgery or of dental medicine (as in subsection (r)(2)) or an oral health (as defined in paragraph (4)); or the basic treatments specified for year DATE by the secretary pursuant to ( 3)(a CARDINAL ) and the major treatments for such year DATE by the secretary pursuant to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00636 fmt 6652 sfmt 6201 (3)(b) furnished by such a doctor or a professional. preventive and screening preventive and screening services in this paragraph are the following: oral exams. dental cleanings. dental x-rays performed in the office a doctor or professional described in (1)(a). fluoride treatments. basic and major and each subsequent year, the secretary shall basic treatments (which may include tooth restorations, basic periodontal tooth extractions, and oral disease services); and major treatments (which may include tooth restorations, major periodontal bridges, crowns, and root canals); shall be included as dental and oral health for such year DATE . oral health term health means, with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00637 fmt 6652 CARDINAL sfmt 6201 and oral health services, a health professional than a doctor of dental surgery or of dental (as described in subsection (r)(2))) who is to furnish such services, acting within the of such license, by the state in which such are payment; coinsurance; and in 1833(a)(1 CARDINAL ) of the security act ( 42 u.s.c QUANTITY . 1395l(a)(1)), as by section 30511(b), is further in subparagraph (n), by inserting dental and oral health services (as defined by striking before and by inserting before the semicolon at end the following: (ff) with respect dental and oral health services (as defined in 1861(lll CARDINAL )), the amount paid shall be the amount under payment and limits of the social security act ( 42 u.s.c QUANTITY . 1395 DATE m) amended by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00638 fmt 6652 sfmt 6201 payment and limits for dental and oral in payment amount this part for dental and oral health services defined in section 1861(lll LAW )) shall be, subject to ( 3 CARDINAL ), the applicable percent (specified in ( 2 CARDINAL )) of the lesser the actual charge for the service; or the amount determined under the basis determined under section 1848 LAW the service, or, in lieu of such amount, if appropriate by the secretary, an specified by the secretary for such under a fee schedule determined by the secretary, taking into account fee for such under the tricare program chapter 55 LAW of title 10 CARDINAL of the united code; under the health insurance under chapter 89 LAW of title 5 CARDINAL of such under state plans (or waivers of plans) under title xix; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00639 fmt 6652 CARDINAL sfmt 6201 part c; under medicare ORG advantage plans established by the secretary of affairs; and established by other health care applicable purposes of ( 1 CARDINAL ), the applicable percent specified in paragraph is, with respect to dental and oral services (as defined in section 1861(lll LAW )) in a that are preventive and screening described in paragraph ( 2 CARDINAL ) or basic specified for such year DATE pursuant to ( 3)(a CARDINAL ) of such section, 80 percent PERCENT ; that are major treatments specified such year DATE pursuant to paragraph (3)(b) of in the case such services are during 2028 DATE , 10 percent PERCENT ; in the case such services are during 2029 DATE or a subsequent year 2032 DATE , the applicable percent under this subparagraph for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00640 fmt 6652 CARDINAL sfmt 6201 year DATE , increased by 10 CARDINAL percentage and in the case such services are during 2032 DATE or a subsequent year DATE , percent. respect to dental and health services that preventive and screening oral exams, may be made under this part for not than two CARDINAL such exams during a 12-month DATE dental cleanings, payment may be under this part for not more than two CARDINAL cleanings during a 12-month DATE period; and not described in subparagraph (a) or payment may be made under this part only such and under such determined appropriate by the use of bundled may make payment for dentures and professional services, and for any other dental oral health services, as bundled payments as the determines appropriate. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00641 fmt 6652 CARDINAL sfmt 6201 CARDINAL limitation on judicial be no administrative or judicial review under 1869 DATE or otherwise determination payment under this subsection for dental and health services and under subsection (h)(6) subsection (z)(4) for dentures; the determination of what services basic and major services under (a) and (b) of section 1861(lll)(3); or the determination of the frequency circumstance limitations for dental and oral services under paragraph payment under physician fee in 1848(j)(3 CARDINAL ) of the security act ( 42 u.s.c QUANTITY . is by inserting before of the social security act ( 42 DATE is in subclause (ii), by striking at end; in subclause (iii), by striking the at the end and inserting and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00642 fmt 6652 sfmt 6201 by adding at the end the following new with respect to 2028 DATE and subsequent year, is a doctor of surgery or of dental medicine described in section 1861(r)(2 LAW )) or an oral health professional (as in section inclusion of oral health of the social security act (42 1395u(b)(18)(c)) is amended by adding at end the following new clause: with respect to 2028 DATE and each year DATE , an oral health professional (as defined in in 1861(s)(8 DATE ) of the security act ( 42 u.s.c QUANTITY . 1395x(s)(8)) by striking than and by inserting excluding dental, for a full or partial set of dentures (as in section 1834(h)(6 LAW )) furnished on or january 1, after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00643 fmt 6652 CARDINAL sfmt 6201 CARDINAL special payment 1834(h) of the security act ( 42 u.s.c QUANTITY . 1395m(h)) is by adding at the end the following paragraph: special payment rule for may be made under this part respect to an individual for not more than once during any 5-year DATE (except in the case that a doctor in section 1861(lll)(1)(a CARDINAL ) determines dentures do not fit the individual); and only to the extent that such dentures furnished pursuant to a written order of a doctor or application of competitive of the social security act u.s.c. 1395m(h)(1)(h)) is in the subparagraph heading, after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00644 DATE fmt 6652 CARDINAL sfmt 6201 by inserting of dentures in paragraph (2)(d) of such after and in clause (i), by inserting after conforming 1847(a)(2 CARDINAL ) of the social security act u.s.c. is amended by at the end the following new described in 1861(s)(8 DATE ) for which payment would be made under section exemption of certain items competitive 1847(a)(7 DATE ) of the social security act u.s.c. is amended by at the end the following new certain items services described in paragraph (2)(d) if by a physician or other practitioner defined by the secretary) to the own patients as part of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00645 fmt 6652 sfmt 6201 DATE or professional exclusion 1862(a) of social security act ( 42 u.s.c QUANTITY . 1395y(a CARDINAL )) is in paragraph at the end; subparagraph (o), by striking in subparagraph (p), by striking the at the end and inserting and by adding at the end the following new in the case of dental and oral health (as defined in section 1861(lll LAW )) that are and screening services described in paragraph of such section, which are furnished more than provided under section 1834(z)(3 LAW ) or circumstances other than circumstances appropriate under subparagraph (c) of such and in paragraph ( 12 CARDINAL ), by inserting before the at the end the following: except that may be made under part b for dental and health services that are covered under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00646 fmt 6652 CARDINAL sfmt 6201 and dentures under section certain in ( 1 CARDINAL ) and ( 4 CARDINAL ) of 1839(a CARDINAL ) of the social security act (42 1395r(a)) are amended by adding at the end each such paragraphs the following: applying paragraph there shall not be taken into account and administrative costs attributable to the made by section 30901 LAW (other than (g)) of the act titled act to provide reconciliation pursuant to title ii of s. con. res. and the government contribution under section 1844(a) of such act u.s.c. 1395w(a)) is in paragraph ( 4 CARDINAL ), by striking the at the end and inserting by adding at the end the following new a government contribution equal to the that is estimated to be payable for benefits related administrative costs incurred that are to the amendments made by section (other than subsection (g)) of the act titled 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00647 CARDINAL fmt 6652 sfmt 6201 act to provide for reconciliation pursuant to ii of s. con. res. and in the flush matter at the end, by and inserting ( 4 CARDINAL ) and in addition to amounts available, the secretary of health and services (in this subsection referred to the shall provide for the from the federal supplementary medical trust fund under section 1841 LAW of social security act ( 42 u.s.c QUANTITY . 1395 DATE t) to centers for medicare & medicaid ORG services management account $ 20,000,000 MONEY for each of fiscal 2022 DATE through 2028 DATE for purposes of the amendments made by section; and such sums as determined by the secretary for each fiscal year DATE for purposes of the provisions of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00648 fmt 6652 sfmt 6201 availability and additional use transferred pursuant to (a) shall remain available until and may be used, in addition to the specified in subparagraph (a)(i), to the amendments made by sections and 30903 CARDINAL . secretary may by program instruction or otherwise, any of provisions of, or amendments made by, this paperwork reduction 35 CARDINAL title 44 CARDINAL , united states code, shall not apply to provisions of, or the amendments made by, this 30902. providing coverage for hearing care the medicare ORG program. provision of aural rehabilitation and services by qualified 1861(ll)(3) of the social security act ( 42 u.s.c QUANTITY . is amended by inserting beginning 1 CARDINAL , 2023, such aural rehabilitation and treatment after coverage of hearing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00649 fmt 6652 CARDINAL sfmt 6201 CARDINAL inclusion of hearing aids as 1861(s)(8) of the social act ( 42 u.s.c QUANTITY . 1395x(s)(8)) is amended by and including hearing aids (as described section 1834(h)(7 CARDINAL )) furnished on or after october 2023 DATE , to individuals diagnosed with profound or hearing before the semicolon at the end. payment limitations for hearing 1834(h CARDINAL ) of the social security act u.s.c. 1395m(h)), as amended by section is further amended by adding at the the following new paragraph: limitations for hearing in may be under this part with respect to an with respect to hearing aids furnished or after october 1 DATE , not more than once during a 5- period; only for types of such hearing that are not over-the-counter hearing (as defined in section 520(q)(1 LAW ) of the food, drug, and cosmetic act) that are determined appropriate by secretary; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00650 CARDINAL fmt 6652 sfmt 6201 only if furnished pursuant to a order of a physician or qualified limitation on judicial shall be no administrative or judicial under section 1869 DATE or otherwise the determination of the types of aids paid for under subparagraph or the determination of fee schedule for hearing aids described in this application of competitive in 1834(h)(1)(h DATE ) social security act u.s.c. as amended by is further in the header, by inserting after by inserting of hearing aids in paragraph ( 2)(e CARDINAL ) of such after (2)(d) of such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00651 fmt 6652 CARDINAL sfmt 6201 in clause (i), by inserting such after conforming in 1847(a)(2 CARDINAL ) the social security act ( 42 u.s.c QUANTITY . as amended by section is further amended by at the end the following new hearing aids in section 1861(s)(8) for which payment otherwise be made under exemption of certain items competitive 1847(a)(7 DATE ) of the social security act u.s.c. as amended section 30901(e)(2)(b)(iii), is further by adding at the end the new subparagraph: certain hearing and services described paragraph if furnished by a physician or other (as defined by the secretary) to the or own patients as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00652 fmt 6652 CARDINAL sfmt 6201 of the or inclusion of audiologists as certain to receive payment on an of the social security act (42 1395u(b)(18)(c)), as amended by section is further amended by adding at the the following new clause: beginning october 1, 2023 DATE , a audiologist (as defined in section exclusion 1862(a)(7) the social security act ( 42 u.s.c QUANTITY . 1395y(a)(7)) is by inserting such hearing aids or therefor as described in and otherwise allowed section after aids or certain in last sentence of section of the social security act ( 42 u.s.c QUANTITY . as added by section 30901(g)(1 LAW ), is by striking 30901 CARDINAL (other than and 30901 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00653 fmt 6652 sfmt 6201 CARDINAL than subsection (g)), 30902 DATE (other than of of such act ( 42 u.s.c QUANTITY . 1395w(a)), as added section 30901(g)(2 CARDINAL ), is amended by striking 30901 CARDINAL (other than subsection and 30901 CARDINAL (other than subsection (g)), (other than subsection in addition to amounts available, the secretary of health and services (in this subsection referred to the shall provide for the from the federal supplementary medical trust fund under section 1841 LAW of social security act ( 42 u.s.c QUANTITY . 1395 DATE t) to centers for medicare & medicaid ORG services management account $ 20,000,000 MONEY for each of fiscal 2022 DATE through 2023 CARDINAL for purposes of the amendments made by section; and such sums as determined by the secretary for each 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00654 fmt 6652 CARDINAL sfmt 6201 fiscal year DATE for purposes of the provisions of such availability and additional use transferred pursuant to (a) shall remain available until and may be used, in addition to the specified in subparagraph (a)(i), to the amendments made by sections and 30903 CARDINAL . secretary may by program instruction or otherwise, any of provisions of, or amendments made by, this paperwork reduction 35 CARDINAL title 44 CARDINAL , united states code, shall not apply to provisions of, or the amendments made by, this 30903. providing coverage for vision care the medicare ORG program. 1861(s)(2 CARDINAL ) of the social act ( 42 u.s.c QUANTITY . 1395x(s)(2)), as amended by section is further in subparagraph (hh), by striking the semicolon at the end; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00655 fmt 6652 sfmt 6201 in subparagraph (ii), by striking the period the end and adding and by adding at the end the following new vision services (as defined in subsection vision services 1861 DATE of social security act ( 42 u.s.c QUANTITY . 1395x), as amended section 30901(b LAW ), is further amended by adding at the the following new subsection: vision term routine eye examinations to determine the state of the eyes, including procedures during the course of such examination; and contact lens fitting services; on or after october 1, 2022 DATE , by or under the supervision of an ophthalmologist or optometrist is legally authorized to furnish such examinations, or fitting services (as applicable) under state (or the state regulatory mechanism provided by state of the state in which the examinations, procedures, fitting services are payment 1834 DATE of the security act ( 42 u.s.c QUANTITY . 1395 DATE m), as amended by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00656 fmt 6652 CARDINAL sfmt 6201 30901(c)(2), is further amended by adding at the the following new subsection: limitation for vision to vision services (as defined in section 1861(mmm LAW )) an individual, payment may be made under this part only 1 CARDINAL routine eye examination described in paragraph of such section and 1 CARDINAL contact lens fitting service in paragraph ( 2 CARDINAL ) of such section during a 2-year DATE payment under physician fee 1848(j)(3 CARDINAL ) of the social security act ( 42 u.s.c QUANTITY . as amended by section 30901(d)(1 LAW ), is amended by inserting before coverage of conventional eyeglasses and in 1861(s)(8 DATE ) of the security act ( 42 u.s.c QUANTITY . 1395x(s)(8)), as by section 30902(b)(1 LAW ), is further amended striking and including one CARDINAL pair of conventional or contact lenses furnished subsequent to cataract surgery with insertion of an and inserting including one CARDINAL pair of eyeglasses or contact lenses furnished to each cataract surgery with insertion an intraocular lens, if furnished before october 1 DATE , 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00657 fmt 6652 sfmt 6201 and including conventional eyeglasses or lenses (as described in section 1834(h)(8 LAW )), or not furnished subsequent to such a if furnished on or after october 1 DATE , of the social security act (42 1395u(b)(11)(a)) is amended by inserting prior to october 1, after special payment rules for eyeglasses and 1834(h CARDINAL ) of the security act ( 42 u.s.c QUANTITY . 1395m(h)), as amended section 30901(e)(2)(a LAW ) and section 30902(b)(2 LAW ), further amended by adding at the end the new paragraph: contact payment limitations for eyeglasses in respect to and contact lenses furnished to an on or after october 1, 2022 DATE , subject to (b), payment may be made under part during a 2-year DATE period, for either pair of eyeglasses (including lenses and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00658 fmt 6652 CARDINAL sfmt 6201 DATE or not more than a 2-year DATE supply contact lenses; with respect to amounts to the lenses and frames of such a of eyeglasses or amounts attributable such a 2-year DATE supply of contact lenses, an amount not greater for a pair of eyeglasses in, or a 2-year DATE supply of lenses beginning in, $ 85 MONEY for the lenses of pair of eyeglasses and $ 85 MONEY the frames of such pair of or $ 85 MONEY for such 2-year DATE of contact lenses; and for the lenses and frames of pair of eyeglasses furnished in, or a supply of contact lenses in, a subsequent year, the dollar specified under this for the previous year DATE , increased the percentage change in the price index for all urban (united states city GPE average) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00659 fmt 6652 sfmt 6201 the 12-month DATE period ending with of the previous year DATE ; if furnished pursuant to a order of an ophthalmologist or described in subsection (mmm); and if during the 2-year DATE period in clause (i), the individual did not receive (as described in (b)) one CARDINAL pair of conventional or contact lenses subsequent to a surgery with insertion of an lens furnished during such period. respect to a 2- period described in subparagraph (a)(i), in case of an individual who receives cataract with insertion of an intraocular lens, subparagraph (a), payment be made under this part for one CARDINAL pair of eyeglasses or contact lenses subsequent to such cataract surgery such period. limitation on judicial shall be no administrative or judicial under section 1869 DATE or otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00660 fmt 6652 CARDINAL sfmt 6201 the determination of the types of and contact covered this paragraph; or the determination of fee schedule under this subsection for eyeglasses contact application of competitive in 1834(h)(1)(h DATE ) social security act u.s.c. as amended by and section 30902(b)(3)(a LAW ), further in the header by inserting and contact after by inserting of eyeglasses contact lenses described in paragraph of such after of such and in clause (i), by inserting or eyeglasses and contact after hearing conforming 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00661 fmt 6652 CARDINAL sfmt 6201 in 1847(a)(2 CARDINAL ) the social security act ( 42 u.s.c QUANTITY . as amended by section is further amended by at the end the following new and contact lenses in section 1861(s)(8 DATE ) for which payment otherwise be made under exemption of certain items competitive 1847(a)(7 DATE ) of the social security act u.s.c. as amended section 30901(e)(2)(b)(iii) and section is further amended by at the end the following new certain eyeglasses and contact items and services described in (2)(f) if furnished by a physician or practitioner (as defined by the secretary) the or own patients 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00662 fmt 6652 CARDINAL sfmt 6201 CARDINAL part of the or exclusion 1862(a) the social security act ( 42 u.s.c QUANTITY . 1395y(a CARDINAL )), as by section 30901(f LAW ), is further in paragraph at the end; subparagraph (p), by striking in subparagraph (q), by striking the at the end and inserting and by adding at the end the following new in the case of vision services (as defined section 1861(mmm LAW )) that are routine eye and contact lens fitting services (as in paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ), respectively, of such which are furnished more frequently than during a 2-year DATE and in paragraph by inserting than such an that is a vision service that is under section after and by inserting than such a that is a vision service that is covered 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00663 fmt 6652 CARDINAL sfmt 6201 CARDINAL section after of the certain in last sentence of section of the social security act ( 42 u.s.c QUANTITY . as added by section 30901(g)(1 LAW ) and by section 30902(d)(1 LAW ), is further amended inserting and 30903 CARDINAL (other than subsection after (other than subsection of of such act ( 42 u.s.c QUANTITY . 1395w(a)), as added section 30901(g)(2 CARDINAL ) and amended by section is further amended by inserting and (other than subsection after than subsection in addition to amounts available, the secretary of health and services (in this subsection referred to the shall provide for the from the federal supplementary medical trust fund under section 1841 LAW of social security act ( 42 u.s.c QUANTITY . 1395 DATE t) to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00664 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL centers for medicare & medicaid ORG services management account $ 20,000,000 MONEY for each of fiscal 2022 DATE and 2023 CARDINAL for purposes of the amendments made by this and such sums as determined by the secretary for each fiscal year DATE for purposes of the provisions of such availability and additional use transferred pursuant to (a) shall remain available until and may be used, in addition to the specified in subparagraph (a)(i), to the amendments made by sections and 30902 DATE . secretary may by program instruction or otherwise, any of provisions of, or amendments made by, this paperwork reduction 35 CARDINAL title 44 CARDINAL , united states code, shall not apply to 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00665 DATE fmt 6652 CARDINAL sfmt 6201 provisions of, or the amendments made by, this health care infrastructure and 31001 CARDINAL . funding to support core public infrastructure for state, local, and tribal health at the centers for disease and prevention. in addition to amounts otherwise there is appropriated to the secretary of health human services (in this subtitle referred to as the for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 7,000,000,000 MONEY , remain available until expended, to carry out, acting the director of the centers for disease control prevention (in this section referred to as the activities described in subsection (b). use of made available to subsection (a) shall be used to support core public infrastructure activities to strengthen the public system of the united states GPE , including by awarding under this section and expanding and improving 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00666 fmt 6652 sfmt 6201 of the centers for disease control and under subsections (c) and (d). the purpose of addressing public health infrastructure needs, the shall a grant to each state or territorial department, and to local health that serve counties with a population of least 2,000,000 CARDINAL or cities with a population of least 400,000 CARDINAL people; and grants on a competitive basis to state, local, or tribal health departments. the total amount of awarded as grants under this subsection for a not less than 50 percent PERCENT shall be for to health departments under paragraph and not less than 25 percent PERCENT shall be for to state, local, territorial, or tribal departments under paragraph (1)(b). required reallocation to local health state health department 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00667 fmt 6652 CARDINAL sfmt 6201 funds under subparagraph (a) or (b) of (1) shall allocate at least 25 percent PERCENT the such funds to local health departments, applicable, within the state to support of the local health departments to public health infrastructure. progress in meeting health department funds under this section that is not shall report to the secretary on an annual DATE how the department is working to meet standards. formula grants to health awarding grants under paragraph ( 1 CARDINAL ), secretary shall award funds to each health in accordance with a formula which population size, the social vulnerability index the centers for disease control and prevention, other factors as determined by the secretary. competitive grants to state, local, and tribal health making grants under paragraph (1)(b), secretary shall give priority to applicants core public health infrastructure needs 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00668 fmt 6652 CARDINAL sfmt 6201 all public health agencies in the permitted in secretary may available a subset of the funds available grants under paragraph ( 1 CARDINAL ) for purposes of grants to state, territorial, local, and health departments for planning or to public health accreditation. of such grants may the grant funds to assess core public health needs and report to the centers disease control and prevention on efforts achieve accreditation, as applicable. be eligible for a grant this section, an entity submit an application in such form containing such information as the shall require; demonstrate to the satisfaction of the funds received through the grant be expended only to supplement, and supplant, non-federal and federal otherwise available to the entity for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00669 fmt 6652 sfmt 6201 purpose of addressing core public infrastructure needs; and with respect to activities for which grant is awarded, the entity will expenditures of non-federal amounts such activities at a level not less than level of such expenditures maintained the entity for fiscal year 2019 DATE ; and agree to report annually DATE to the regarding the use of the grant funds. core public health infrastructure and for the secretary, acting the director, shall expand and improve the public health infrastructure and activities of the for disease control and prevention to activities necessary to address unmet, ongoing, emerging public health needs, including preparation for, and response to public health of amounts appropriated subsection (a) to carry out this section for a year DATE , not more than 25 percent PERCENT of the funds per fiscal year DATE may be used by the centers 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00670 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL disease control and prevention to carry out this this section, the term health workforce capacity and competency; laboratory systems; all hazards public health and preparedness; testing capacity, including test platforms, testing units, and personnel; health information, health information and health information analysis; disease surveillance; contact tracing; communications; financing; other relevant components of organizational and other related activities. supplement not made by this section shall be used to supplement, and supplant, amounts otherwise made available for the described in this act. 31002. funding for hospital infrastructure. in addition to amounts otherwise there is appropriated to the secretary for fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00671 fmt 6652 CARDINAL sfmt 6201 2022 DATE , out of any money in the treasury ORG not otherwise $ 10,000,000,000 MONEY , to remain available until to carry out subsection (b) consistent with the goals of parts b and c of title xvi of the health service act ( 42 u.s.c QUANTITY . 300q ORG et seq.). use of amounts made available subsection (a), the secretary shall, with priority to applicants whose projects will include, by design, health emergency preparedness, natural disaster preparedness, or cybersecurity against cyber award grants to entities described in section of the public health service act ( 42 u.s.c QUANTITY . for purposes of increasing capacity and updating and other medical facilities in order to better communities in need. following requirements of b and c of title xvi of the public health service ( 42 u.s.c QUANTITY . 300r CARDINAL et seq.) shall apply to funds made under this section: the requirements related to reasonable of such act ( 42 u.s.c QUANTITY . section 1621(b)(1)(i CARDINAL ) of such act ( 42 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00672 fmt 6652 CARDINAL sfmt 6201 DATE any other provision of such parts that the determines (as prescribed by regulation) be appropriate to carry out this section. 31003 DATE . funding for community health center grants. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 10,000,000,000 MONEY , to remain available until for necessary expenses for awarding grants and into cooperative agreements for capital projects health centers funded under section 330 LAW of the public service act ( 42 u.s.c QUANTITY . 254b PRODUCT ) to be awarded regard to the time limitation in subsection (e)(3) and (e)(6)(a)(iii), (e)(6)(b)(iii), and (r)(2)(b) of section 330 LAW , and for necessary expenses for awarding and cooperative agreements for capital projects to qualified health centers, as described in section of the social security act ( 42 u.s.c QUANTITY . the secretary shall take such steps as be necessary to expedite the awarding of such grants federally qualified health centers for capital projects. use of made available to a of a grant or cooperative agreement pursuant to (a) shall be used for health center facility 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00673 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL renovation, remodeling, expansion, construction, other capital improvement costs, including the costs amortizing the principal of, and paying interest on, for such purposes. 31004 DATE . funding for community-based care in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 500,000,000 MONEY , to remain available until for purposes of making awards to qualified health centers (as defined in section 340h LAW of the health service act ( 42 u.s.c QUANTITY . 256h)), behavioral care centers (as defined by the secretary to include substance abuse and mental health care facilities), pediatric mental health care providers (as used in 330m(b)(1)(g CARDINAL ) of the public health service act ( 42 CARDINAL use of made available to subsection (a) shall be used to support the renovation, or modernization of infrastructure at centers, including to respond to public health declared under section 319 LAW of the public health act ( 42 u.s.c QUANTITY . 247d). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00674 fmt 6652 CARDINAL sfmt 6201 31005. funding for schools of medicine in areas. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available until for purposes of making awards to eligible for the establishment, improvement, or expansion of allopathic or osteopathic school of medicine, or a campus of an allopathic or osteopathic school of consistent with subsection (b). use of secretary, acting through administrator of the health resources and services shall, with priority given to institutions described in section 371(a) of the higher act of 1965 DATE ( 20 u.s.c QUANTITY . 1067q(a CARDINAL )), and taking consideration equitable distribution of awards among geographical regions of the united states GPE (which shall rural regions and populations as defined by the for the purposes of this section) and the of existing schools of medicine and osteopathic use amounts appropriated by subsection (a) to award to eligible entities recruit, enroll, and retain students, individuals who are from disadvantaged (including racial and ethnic groups 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00675 fmt 6652 sfmt 6201 among medical students and health individuals from rural and underserved low-income individuals, and first ORDINAL generation students (as defined in section 402a(h)(3) of higher education act of 1965 DATE ( 20 u.s.c QUANTITY . at a school of medicine or medicine or branch campus of a school of or osteopathic medicine; develop, implement, and expand curriculum emphasizes care for rural and underserved including accessible and culturally and linguistically appropriate care and at such school or branch campus; plan and construct a school of medicine or medicine in an area in which no other school or branch campus of such a school is plan, develop, and meet criteria for for a school of medicine or osteopathic or branch campus of such a school; hire faculty, including faculty from racial ethnic groups who are underrepresented among medical and other health professions, and other to serve at such a school or branch campus; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00676 fmt 6652 sfmt 6201 support educational programs at such a or branch campus, including modernizing modernize and expand infrastructure at a school or branch campus; or support other activities that the secretary will further the establishment, or expansion of a school of medicine or medicine or branch campus of a school of or osteopathic medicine. this section: eligible term means an institution of higher education as in section 101 LAW of the higher education act of ( 20 u.s.c QUANTITY . 1001). branch in term with respect to a school of medicine or medicine, means an additional of such school that is geographically apart independent of the main campus, at which school offers at least 50 percent PERCENT of the leading to a degree of doctor of medicine doctor of osteopathy that is offered at the campus. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00677 fmt 6652 sfmt 6201 independence from main purposes of subparagraph (a), the of a school described in such shall be considered to be independent of main campus described in such if the is permanent in nature; offers courses in educational leading to a degree, certificate, or recognized educational credential; has its own faculty and or supervisory organization; and has its own budgetary and hiring 31006 DATE . funding for nursing education and modernization grants in areas. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available until for purposes of making awards to schools of (as defined in section 801 LAW of the public health act ( 42 u.s.c QUANTITY . 296 CARDINAL )) to enhance and modernize 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00678 fmt 6652 CARDINAL sfmt 6201 CARDINAL education programs and increase the number of and students at such schools. use of secretary, acting through administrator of the health resources and services taking into consideration equitable of awards among the geographical regions of the states and the capacity of a school of nursing to care in underserved areas, shall use amounts by subsection (a) to award grants for purposes recruiting, enrolling, and retaining students such school, with a priority for students from backgrounds (including racial or ethnic underrepresented in the nursing workforce), from rural and underserved areas, individuals, and first ORDINAL generation college (as defined in section 402a(h)(3) of the education act of 1965 DATE ( 20 u.s.c QUANTITY . creating, supporting, or modernizing programs and curricula at such school; retaining current faculty, and hiring new with an emphasis on faculty from racial or groups that are underrepresented in the workforce; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00679 fmt 6652 sfmt 6201 modernizing infrastructure at such school, audiovisual or other equipment, personal equipment, simulation and augmented resources, telehealth technologies, and virtual physical laboratories; partnering with a health care facility, nurse- ORG health clinic, community health center, or facility that provides health care, in order to educational opportunities for the purpose of or expanding clinical education; enhancing and expanding nursing programs prepare nurse researchers and scientists; establishing nurse-led intradisciplinary and educational partnerships; or other activities that the secretary will further the development, improvement, expansion of schools of nursing. 31007 DATE . funding for teaching health center medical education. in addition to amounts otherwise and notwithstanding the limitations referred to subsections (b)(2) and (d)(2) of section 340h LAW of the health service act ( 42 u.s.c QUANTITY . 256h PRODUCT ), there is to the secretary for fiscal year 2022 DATE , out of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00680 fmt 6652 sfmt 6201 CARDINAL money in the treasury not otherwise appropriated, to remain available until expended, the program of payments to teaching health that operate graduate medical education under such section; and the award of teaching health center grants pursuant to section 749a CARDINAL of the public service act ( 42 u.s.c QUANTITY . use of made available to subsection (a) shall be used for the following for making payments to establish new graduate medical residency training pursuant to section 340h(a)(1)(c) of the health u.s.c. for making payments under section of the public health service act (42 256h(a)(1)(a))) to qualified teaching health for maintenance of filled positions at existing graduate medical residency training for making payments under section of the public health service act (42 256h(a)(1)(b)) for the expansion of existing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00681 fmt 6652 CARDINAL sfmt 6201 CARDINAL graduate medical residency training for making awards under section 749a LAW of public health service act ( 42 u.s.c QUANTITY . to health centers for the purpose of new accredited or expanded primary care programs. to provide an increase to the per resident described in section 340h(a)(2) of the health service act ( 42 u.s.c QUANTITY . 256h(a)(2)). 31008. funding for hospitals that graduate medical education addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for out section 340e PRODUCT of the public health service act u.s.c. 256e). 31009 DATE . funding for the nurse corps. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00682 fmt 6652 sfmt 6201 CARDINAL out section 846 CARDINAL of the public health service act u.s.c. 297n). preparedness 31021 DATE . funding for laboratory activities at centers for disease control and in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 5,000,000,000 MONEY for purposes of carrying acting through the director of the centers for disease and prevention (in this section referred to as the activities described in subsection (b), to available until expended. use of made available by (a) shall be used for the following activities: supporting renovation, expansion, and of state and local public health laboratory (as the term is defined section 353 CARDINAL of the public health service act (42 263a)), increasing and enhancing testing and capacity; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00683 fmt 6652 sfmt 6201 CARDINAL upgrades and expansion of the response network for rapid outbreak improving and expanding genomic capabilities to detect emerging and variant strains; expanding biosafety and biosecurity and making other laboratory enhancements modernization as determined by the to be important for maintaining public renovating, expanding, and modernizing of the centers for disease control and as described subparagraphs (a) (e) of paragraph ( 1 CARDINAL ). enhancing the ability of the centers for control and prevention to monitor and oversight over biosafety and biosecurity of state local public health laboratories. 31022 CARDINAL . funding for strengthening vaccine in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00684 fmt 6652 CARDINAL sfmt 6201 $1,250,000,000 MONEY , to remain available until to carry out, acting through the director of the for disease control and prevention, directly or making grants to public or private entities, activities in subsection (b) in the united states GPE , including territories and possessions. use of made available by (a) shall be used strengthen vaccine confidence; strengthen routinely recommended vaccine and rates of vaccination, activities described in section 313 LAW of the health service act ( 42 u.s.c QUANTITY . 245 CARDINAL ). 31023 DATE . funding for surveillance activities at centers for disease control and in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available until to carry out, acting through the director of the for disease control and prevention, directly or making grants to public or private entities, activities in subsection (b). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00685 fmt 6652 CARDINAL sfmt 6201 use of made available by (a) shall be used enhance and strengthen early warning and systems, including public health and health surveillance, wastewater testing, and global and genomic surveillance; enhance and strengthen surveillance based hospitals and other health care providers or and outpatient facility surveillance for severe respiratory febrile illness, and other diseases as by the director of the centers for disease and prevention to be in the interest of health; and strengthen the antibiotic resistance program to research, stewardship, detection capabilities, and surveillance of and emerging antimicrobial resistant 31024 DATE . funding for data modernization at the for disease control and in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00686 fmt 6652 sfmt 6201 $500,000,000 MONEY , to remain available until to carry out, acting through the director of centers for disease control and prevention, or by making grants to public or private activities described in subsection (b); and to supplement other available funds to carry similar data modernization activities authorized the public health service act ( 42 u.s.c QUANTITY . 201 CARDINAL et use of made available by (a) shall be used for the following: supporting public health data surveillance, and analytics infrastructure initiatives. enhancing reporting and workforce core in informatics and digital health. expanding and maintaining efforts to the united states GPE disease warning system to and track hotspots and emerging biological 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00687 fmt 6652 CARDINAL sfmt 6201 31025 DATE . funding for public health and research, development, and capacity. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury not otherwise to remain available until expended, to carry activities, acting through the assistant secretary for and response, to prepare for, and respond public health emergencies declared under section 319 LAW the public health service act ( 42 u.s.c QUANTITY . $ 3,000,000,000 MONEY to support surge capacity, through construction, expansion, or of facilities, to respond to a public health for procurement and domestic of drugs, active pharmaceutical ingredients, and other biological products, diagnostic and products, personal protective medical devices, vials, syringes, needles, and components or supplies for the strategic stockpile under section of the public service act ( 42 u.s.c QUANTITY . $ 2,000,000,000 MONEY to support expanded global domestic vaccine production capacity, including developing or acquiring new technology and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00688 fmt 6652 sfmt 6201 manufacturing capacity through expansion, or modernization of facilities; $ 2,000,000,000 MONEY to support activities to supply chain risks and enhance supply chain and resilience for critical drugs, active ingredients, and supplies (including medicines, medical countermeasures, and in shortage or at risk of shortage), drug vaccine raw materials, and other supplies, as the determines appropriate, expansion, or modernization of facilities, of advanced manufacturing processes, and activities to support domestic manufacturing such supplies; $ 500,000,000 MONEY to support activities by the biomedical advanced research and authority advanced research, development, and domestic manufacturing for drugs, including essential medicines, vaccines, therapeutics, and personal equipment; and $ 500,000,000 MONEY to support increased biosafety biosecurity in research on infectious diseases, by modernization or improvement of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00689 DATE fmt 6652 CARDINAL sfmt 6201 funding for advanced research for health. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 3,000,000,000 MONEY , to remain available until to establish the advanced research projects for health (in this section referred to as the for purposes of making pivotal investments breakthrough technologies and broadly applicable capabilities, resources, and solutions that have the to transform important areas of medicine and for the benefit of all individuals and that cannot be accomplished through traditional biomedical or commercial activity. use of made available by (a) shall be used hire a director to head the (for term of no more than 5 years PERCENT subject to one CARDINAL period); and acting through the director of the in consultation, as applicable, with the director the national institutes of health, the of food and drugs, the administrator of the for medicare & medicaid ORG services, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00690 fmt 6652 CARDINAL sfmt 6201 of the biomedical advanced research and authority, the deputy assistant secretary minority health, and the heads of other ensure to the maximum extent that the projects and activities of the funded by subsection (a) are with, and do not duplicate the efforts of, within, or research conducted or by, the department of health and services; and in using amounts made available by (a), expedite the development, and implementation of health to prevent, detect, and treat serious or diseases, providing awards in the form of contracts, cooperative agreements, and other transactions (as defined section 402(n) of the public health act ( 42 u.s.c QUANTITY . 282(n))) to entities carry out advanced research projects for including through multiyear DATE (subject to the availability of funds) prize competitions; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00691 fmt 6652 CARDINAL sfmt 6201 developing funding criteria and criteria to assess projects under clause (i); establishing metrics or criteria to investments and research that be funded under clause (i), the novelty, scientific, and technical of proposed projects, the future applications of projects, and the need within patient populations; identifying and promoting advances in basic research that will in carrying out advanced health and development; identifying areas of research and that are high-risk, high-reward where the incentives of the commercial are unlikely to result in adequate timely development; supporting collaboration and among other federal agencies, both health and scientific institutions of higher education, or public research institutions, private including biotechnology and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00692 fmt 6652 CARDINAL sfmt 6201 CARDINAL companies, and nonprofit patient including soliciting data, if translating scientific discoveries technological collaboration with the food drug administration on the of medical products to in biomedicine into tangible for patients; and ensuring that medical development programs gather and clinical data necessary for as efficiently as practicable; hiring and appointing personnel to carry out activities described this section, making and rescinding of scientific, medical, and personnel; designating personnel as program managers (for terms 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00693 fmt 6652 sfmt 6201 CARDINAL no more than 3 years PERCENT subject to renewal period) to establish and development goals for the provide project oversight management of strategic recommend restructure, or of under this section, as and appropriate, and carry out activities described in this recruiting and retaining a workforce, including underrepresented in science and and, racial and ethnic and hiring and appointing financial, and technology staff as necessary to out this subsection; compensating personnel at a rate be determined by the director of the acquiring (by purchase, lease, or otherwise), constructing, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00694 fmt 6652 sfmt 6201 repairing, operating, and such real and personal property as necessary to carry out this section; and entering into or terminating including multiyear DATE contracts, as to support advanced research for health. funding by made available under this section shall not be to the requirements of section 406(a)(3)(a)(ii) or of the public health service act ( 42 u.s.c QUANTITY . 289a CARDINAL ). supplement not by this section shall be used to supplement and supplant any appropriations for institutes and centers the national institutes of health. mortality 31041. funding for local entities addressing determinants of maternal in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 175,000,000 MONEY , to remain available until to award grants to community-based 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00695 fmt 6652 sfmt 6201 urban indian NORP organizations, native hawaiian or other nonprofit organizations working with community-based organization, operating in areas with rates of adverse maternal health outcomes or with racial or ethnic disparities in maternal health use of made available by (a) shall be used for the following activities: addressing social determinants of maternal for pregnant and postpartum individuals and racial and ethnic disparities in maternal outcomes hiring, training, or retaining staff; developing or distributing culturally linguistically appropriate resources for services programs; offering programs and resources to social determinants of health; conducting demonstration projects to social determinants of health; establishing a culturally and appropriate resource center that provides social services programs in a single and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00696 fmt 6652 sfmt 6201 with individuals to conduct an of the activities conducted under this promoting evidence-based health literacy pregnancy, childbirth, and parenting education pregnant and postpartum individuals, and seeking to become pregnant. providing support from perinatal health support persons, and providers to pregnant postpartum individuals. providing culturally congruent, linguistically and health workers. conducting outreach to eligible entities to such entities to apply for grants under section. providing technical assistance to the eligible receiving funding under this section. minimum for community-based the amounts made available by subsection (a), secretary shall award not less than $75,000,000 MONEY for office of minority health to award grants to organizations to carry out the activities in subsection (b). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00697 CARDINAL fmt 6652 CARDINAL sfmt 6201 31042 DATE . funding to grow and diversify the workforce maternal and health. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 150,000,000 MONEY , to remain available until for grants to accredited schools of nursing for the of growing and diversifying the perinatal nursing uses of students and nurses who practice in a health professional area designated under such section of the health service act, amounts made available grantees by subsection (a) shall be used for the activities: providing scholarships to students to become nurse practitioners whose includes a focus on maternal and health. providing scholarships to students to become clinical nurse specialists education includes a focus on maternal perinatal health. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00698 fmt 6652 CARDINAL sfmt 6201 CARDINAL providing scholarships to students to become certified nurse midwives. providing scholarships to registered seeking certification as an obstetrics and registered nurse. secretary shall use made available pursuant to subsection (a) the following activities: developing and implementing to recruit and retain a diverse pool of seeking to enter careers focused on and perinatal health. developing partnerships with practice in a health professional shortage area under section 332 LAW of the public service act ( 42 u.s.c QUANTITY . 254e ORDINAL ) for the placements of students at the schools such grants. developing curriculum for students to enter careers focused on maternal perinatal health that includes training on bias, racism, or discrimination. carrying out other activities under viii of the public health service act ( 42 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00699 fmt 6652 CARDINAL sfmt 6201 296 CARDINAL et seq.) for the purpose under 31043. funding to grow and diversify the doula (a). in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 50,000,000 MONEY , to remain available until for grants to health professions schools, academic centers, state or local governments, territories, tribes and tribal organizations, urban indian NORP native hawaiian organizations, or other public or private nonprofit entities (or consortia of including entities promoting multidisciplinary to establish or expand programs to grow and the doula workforce. use of made available by (a) shall be used for the following activities: establishing programs that provide and training to individuals seeking training or certification as doulas. expanding the capacity of existing described in paragraph ( 1 CARDINAL ), for the purpose of the number of students enrolled in such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00700 fmt 6652 sfmt 6201 including by awarding scholarships for developing and implementing strategies to and retain students from underserved particularly from demographic groups high rates of maternal mortality and maternal morbidity, including racial and ethnic groups, into programs described in (1) and ( 2 CARDINAL ). 31044 DATE . funding to grow and diversify the mental health and substance disorder treatment workforce. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 75,000,000 MONEY , to remain available until for grants to health professions schools, academic centers, state or local governments, territories, tribes and tribal organizations, urban indian NORP native hawaiian organizations, or other public or private nonprofit entities (or consortia of including entities promoting multidisciplinary to establish or expand programs to grow and the maternal mental health and substance use treatment workforce. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00701 fmt 6652 sfmt 6201 use of made available by (a) shall be used for the following activities: establishing programs that provide and training to individuals seeking licensing or certification as mental health or use disorder treatment providers who plan specialize in maternal mental health conditions or use disorders. expanding the capacity of existing described in paragraph ( 1 CARDINAL ), for the purposes increasing the number of students enrolled in programs, including by awarding scholarships students. developing and implementing strategies to and retain students from underserved into programs described in paragraphs ( 1 CARDINAL ) ( 2 CARDINAL ). 31045 CARDINAL . funding for maternal mental health grant programs. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 100,000,000 MONEY , to remain available until for grants to community-based organizations, indian NORP organizations, native hawaiian NORP 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00702 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL health care providers, accredited medical schools, schools of nursing, teaching hospitals, midwifery programs, physician assistant education residency or fellowship programs, or other organizations, schools, or programs determined by the secretary, to address maternal mental conditions and substance use disorders with respect pregnant, lactating, and postpartum individuals in with high rates of adverse maternal health outcomes with significant racial or ethnic disparities in maternal outcomes. use of made available to subsection (a), prioritizing community-based shall be for the following activities: establishing or expanding maternity care to the of mental and substance use disorder treatment services primary care settings where pregnant regularly receive health care services. establishing or expanding group prenatal programs or postpartum care programs. expanding existing programs that improve mental health and substance use disorder the preconception through the periods, with a focus on individuals from 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00703 fmt 6652 CARDINAL sfmt 6201 and ethnic minority groups with high rates of mortality and morbidity. providing services and support for with maternal mental health conditions and use disorders, starting in pregnancy and through the postpartum period. addressing stigma associated with maternal health conditions and substance use with a focus on racial and ethnic minority raising awareness of warning signs of mental health conditions and substance use with a focus on pregnant, lactating, and individuals from racial and ethnic groups. establishing or expanding programs to suicide or self-harm among pregnant, lactating, postpartum individuals. offering evidence-informed programs at birth centers that provide maternal health and substance use disorder education, and services, and other services for throughout the prenatal and postpartum 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00704 DATE fmt 6652 sfmt 6201 establishing or expanding programs to education and training to maternity care with respect identifying potential warning signs for mental health conditions or substance disorders pregnant, and individuals, with a focus on from racial and ethnic minority groups; in the case where such providers such warning signs, offering referrals to health substance use disorder treatment developing a national website, or other that includes information on health care who treat maternal mental health conditions substance use disorders. establishing or expanding programs in to improve coordination between care providers and mental health and substance disorder providers who treat maternal mental conditions and substance use disorders. carrying other programs aligned with or evidence-informed practices for maternal mental health conditions and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00705 fmt 6652 sfmt 6201 use disorders for pregnant and postpartum from racial and ethnic minority groups. 31046 CARDINAL . funding for education and training at professions schools to and address health risks with climate change. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 85,000,000 MONEY , to remain available until for grants to accredited medical schools, schools of nursing, teaching hospitals, accredited programs, physician assistant education programs, or fellowship programs, or other schools or determined appropriate by the secretary, to the development and integration of education and programs for identifying and addressing health associated with climate change for pregnant, and postpartum individuals. use of made available by (a) shall be used for developing, integrating, implementing curriculum and continuing education focuses on the following: identifying health risks associated with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00706 fmt 6652 CARDINAL sfmt 6201 CARDINAL individuals and individuals with the to become pregnant. how health risks associated with climate affect pregnant, lactating, and postpartum and individuals with the intent to become racial and ethnic disparities in exposure to, the effects of, health risks associated with individuals and individuals with the to become pregnant. patient counseling and mitigation strategies to health risks associated with climate for pregnant, lactating, and postpartum relevant services and support for pregnant, and postpartum individuals relating to risks associated with climate change and for ensuring such individuals have access such services and support. implicit and explicit bias, racism, and in providing care to pregnant, lactating, postpartum individuals and individuals with the to become pregnant. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00707 fmt 6652 sfmt 6201 31047 DATE . funding for minority-serving to study maternal mortality, maternal morbidity, and adverse health outcomes. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 50,000,000 MONEY , to remain available until for minority-serving institutions described in 371 CARDINAL of the higher education act of 1965 DATE ( 20 u.s.c QUANTITY . use of made available by (a) shall be used for the following activities: developing and implementing systematic of listening to the stories of pregnant and individuals from racial and ethnic groups, and perinatal health workers such individuals, to fully understand the of, and inform potential solutions to, the mortality and severe maternal morbidity crisis their respective communities. assessing the potential causes of relatively rates of maternal mortality among hispanic NORP and foreign-born black women. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00708 fmt 6652 CARDINAL sfmt 6201 assessing differences in rates of adverse health outcomes among subgroups as hispanic NORP . conducting outreach to eligible minority- institutions to raise awareness of the of the grants. providing technical assistance on the process for such grant. promoting capacity building to eligible 31048 DATE . funding for identification of maternity health professional target addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for out section 332(k) of the public health service act u.s.c. 254e(k)). 31049 CARDINAL . funding for maternal mortality review to promote community engagement. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00709 fmt 6652 sfmt 6201 to remain available until expended, for out section 317k(d) of the public health service ( 42 u.s.c QUANTITY . to promote community in maternal mortality review committees to the diversity of a membership with to race and ethnicity, location, and professional 31050 DATE . funding for the surveillance for threats to mothers and in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 100,000,000 MONEY , to remain available until for carrying out section 317k of the public service act LAW ( 42 u.s.c QUANTITY . with respect to surveillance for emerging threats to mothers babies. use of made available by (a) shall be used for the following activities: expanding the surveillance for emerging to mothers and babies activities of the for disease control and prevention. working with public health, clinical, and organizations to provide timely, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00710 DATE fmt 6652 CARDINAL sfmt 6201 updated, evidence-based guidance to and health care providers on ways to reduce to pregnant and postpartum individuals and newborns and tailor interventions to improve long-term health. partnering with more state, tribal, and local public health programs in the and analysis of clinical data on the impact of on pregnant and postpartum patients their newborns, particularly among patients racial and ethnic minority groups. establishing regionally based centers of to offer medical, public health, and other (in coordination with state and tribal health authorities) to ensure that especially communities with large populations from racial and ethnic minority can help pregnant and postpartum and newborns get the care and support they 31051 DATE . funding for enhancing reviews and to eliminate maternal program. in addition to amounts otherwise there is appropriated to the secretary for fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00711 fmt 6652 CARDINAL sfmt 6201 2022 DATE , out of any money in the treasury ORG not otherwise $ 30,000,000 MONEY , to remain available until for carrying out the enhancing reviews and to eliminate maternal mortality program under section 317k LAW of the public health service ( 42 u.s.c QUANTITY . use of made available by (a) shall be used for the following activities: expanding the enhancing reviews and to eliminate maternal mortality program known as the mm the centers for disease control and prevention. expanding partnerships with states, indian NORP tribes, and tribal organizations to maternal mortality review committees. providing technical assistance to existing mortality review committees. 31052 CARDINAL . funding for the pregnancy risk monitoring system. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 15,000,000 MONEY , to remain available until for carrying out section 317k of the public 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00712 fmt 6652 CARDINAL sfmt 6201 service act ( 42 u.s.c QUANTITY . with respect to pregnancy risk assessment monitoring system. use of made available by (a) shall be used for the following activities: supporting supplements to the risk assessment monitoring system conducting a rapid assessment of awareness, impact on care and experiences, and of preventive measures among pregnant, and birthing, and postpartum individuals. supporting the transition of the described in paragraph ( 1 CARDINAL ) to an electronic and expanding the distribution of the to a larger population, with a special focus reaching underrepresented communities. 31053 CARDINAL . funding for the national institute of health ORG and human development. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for out section 301 LAW of the public health service act u.s.c. 241 CARDINAL ) and title iv of the public health service ( 42 u.s.c QUANTITY . 281 CARDINAL et seq.) with respect to child health 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00713 fmt 6652 CARDINAL sfmt 6201 CARDINAL human development, to conduct or support research interventions to mitigate the effects of the public health emergency on pregnant, lactating, and individuals, with a particular focus on from racial and ethnic minority groups. 31054 CARDINAL . funding for expanding the use of collaborative and capacity models for pregnant postpartum individuals. in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 30,000,000 MONEY , to remain available until for grants to community-based organizations, care providers, accredited medical schools, schools of nursing, teaching hospitals, accredited programs, physician assistant education programs, or fellowship programs, or other schools or determined appropriate by the secretary, that are in health professional shortage areas designated section 332 LAW of the public health service act ( 42 254e CARDINAL ) with high rates of adverse maternal health or significant racial and ethnic disparities in health outcomes, to evaluate, develop, and expand use of technology-enabled collaborative learning. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00714 fmt 6652 sfmt 6201 use of recipient of a grant pursuant to subsection (a) shall use such grant train maternal health care providers students through the use and expansion of collaborative learning and building models, including hardware software enables distance learning and support; and supports the secure exchange of health information; and conduct evaluations on the use of collaborative learning to improve health outcomes. secretary shall use made available pursuant to subsection (a) provide technical assistance to recipients of grants pursuant to subsection (a) on the use, and sustainability of technology-enabled learning and capacity building models expand access to maternal health services by such entities. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00715 fmt 6652 CARDINAL sfmt 6201 31055. funding for promoting equity in health outcomes through digital in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 30,000,000 MONEY , to remain available until for grants to community-based organizations, care providers, accredited medical schools, schools of nursing, teaching hospitals, accredited programs, physician assistant education programs, or fellowship programs, or other schools or determined appropriate by the secretary, that are in health professional shortage areas designated section 332 LAW of the public health service act ( 42 254e CARDINAL ) with high rates of adverse maternal health or significant racial and ethnic disparities in health outcomes to reduce racial and ethnic in maternal health outcomes by increasing access to tools related to maternal health care. use of made available to subsection (a) shall be used for the following increasing access to digital tools that could maternal health outcomes, such as wearable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00716 fmt 6652 sfmt 6201 patient portals, telehealth services, and phone applications. providing technical assistance to recipients grants awarded pursuant to subsection (a) on the use, evaluation, and postgrant of digital tools for purposes of promoting in maternal health outcomes. 31056. funding for antidiscrimination and bias in addition to amounts otherwise there is appropriated to the secretary for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 25,000,000 MONEY , to remain available until for the purpose described in subsection (b). use of secretary shall use appropriated under subsection (a) to award grants or contracts to national nonprofit focused on improving health equity, accredited of medicine or nursing, and other health training programs to develop, disseminate, review, and evaluate training for health professionals all staff who interact with patients to reduce and bias in the provision of health care, with a on maternal health care. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00717 fmt 6652 CARDINAL sfmt 6201 CARDINAL public health investments 31061 CARDINAL . funding for mental health and use disorder professionals. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for of carrying out section 597 LAW of the public health act ( 42 u.s.c QUANTITY . 290ll). 31062 CARDINAL . funding for project aware. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for out section 520a LAW of the public health service act u.s.c. with respect to advancing wellness resiliency in education. 31063 CARDINAL . funding for the national suicide lifeline. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for infrastructure for the national suicide prevention program under section of the public service act ( 42 u.s.c QUANTITY . in order to 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00718 fmt 6652 CARDINAL sfmt 6201 CARDINAL existing capabilities for response in a manner that duplicating existing capabilities for text-based crisis 31064 DATE . funding for community violence and interventions. in addition to amounts otherwise there is appropriated to the secretary, out of money in the treasury not otherwise appropriated to available until expended, for the purposes in subsection (b): $ 150,000,000 MONEY for fiscal year 2022 DATE . $ 250,000,000 MONEY for fiscal year 2023 DATE . $ 450,000,000 MONEY for fiscal year 2024 DATE . $ 550,000,000 MONEY for each of fiscal years 2025 DATE , and 2027 DATE . use of secretary, acting the director of the centers for disease control prevention, and in consultation with the assistant for mental health and substance use, the of the health resources and services and the deputy assistant secretary for minority and with public health and medical professionals, services community-based organizations, and other reduction experts, shall use amounts appropriated subsection (a) to support public health approaches to 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00719 fmt 6652 CARDINAL sfmt 6201 CARDINAL community violence and trauma, taking into the needs of communities with high rates of, prevalence of risk factors associated with, violence- injuries and deaths, awarding competitive grants or contracts to governmental entities, states, territories, tribes and tribal organizations, urban indian NORP hospitals and community health nonprofit community-based organizations, specific organizations, victim services or other entities as determined by the (or consortia of such entities) to support culturally competent, and appropriate strategies to reduce community including outreach and conflict mediation, violence intervention, violence and services for victims and individuals and at risk for experiencing violence, such trauma-informed mental health care and school-based mental health services, and services; and supporting training, technical assistance, systems, and data collection to facilitate for strategies to reduce community violence ensure safe and healthy communities. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00720 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL supplement not under this section shall be used to supplement and supplant any federal, state, or local funding made available for the purposes described in this 31065 DATE . funding for the national child stress network. addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for out section 582 LAW of the public health service act u.s.c. with respect to addressing the of high-risk or medically underserved persons who violence-related stress. 31066. funding for hiv health care services addition to amounts otherwise available, there is to the secretary for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, for to existing contracts, and supplements to grants and cooperative agreements under parts a, c, and d of title xxvi of the public health service 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00721 fmt 6652 sfmt 6201 DATE (42 u.s.c. et seq.) and section 2692(a) of act ( 42 u.s.c QUANTITY . 31067. supplemental funding for the world center health program. supplemental in xxxiii of the public service act ( 42 u.s.c QUANTITY . 300mm QUANTITY et seq.) is by adding at the end the following: 3352 CARDINAL . supplemental fund. in is established a fund to known as the world trade center health program fund (referred to in this section as the consisting of amounts deposited the supplemental fund under subsection (b). of any money in the treasury otherwise appropriated, there is appropriated for fiscal 2022 DATE , $ 2,860,000,000 MONEY , for deposit into the fund, which amounts shall remain available fiscal year 2031 DATE . uses of deposited into the fund under subsection (b) shall be without further appropriation and without regard to spending limitation under section 3351(c), to the program administrator as needed at the discretion 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00722 fmt 6652 CARDINAL sfmt 6201 CARDINAL such administrator for carrying out any provision in title, including sections 3303 CARDINAL and 3341(c). return of amounts that remain the supplemental fund on september 30, 2031 DATE , shall deposited into the treasury as miscellaneous of the public health service act ( 42 u.s.c QUANTITY . et seq.) is section 3311(a)(4)(b)(i)(ii) ( 42 CARDINAL by striking and inserting 3351 CARDINAL section 3321(a)(3)(b)(i)(ii CARDINAL ) ( 42 CARDINAL by striking and inserting 3351 CARDINAL in section 3331 (42 u.s.c. subsection (a), by the world trade center health supplemental before the at the end; and in subsection in paragraph (1)(b), by any expenditures 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00723 fmt 6652 sfmt 6201 CARDINAL amounts in the world trade health program supplemental under section before the at the end; and paragraph ( 2 CARDINAL ), the text following subparagraph (c), inserting any from amounts the world center health program fund under section the period at the end; and 3351(b ORDINAL ) u.s.c. in paragraph ( 2 CARDINAL ), by inserting available from the world trade center program supplemental fund under before the period at the end; in paragraph ( 3 CARDINAL ), by inserting available from the world trade center program supplemental fund under before the period at the end. research cohort for emerging health on 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00724 fmt 6652 CARDINAL sfmt 6201 in 3341 CARDINAL of the public service act ( 42 u.s.c QUANTITY . by redesignating subsections (c) and as subsections (d) and (e), respectively; and by inserting after subsection (b) the research cohort for emerging health on wtc program administrator establish a research cohort of sufficient size to research studies on the health and educational of exposure to airborne toxins, or any other hazard adverse condition, resulting from the september 11 EVENT , terrorist attacks on the population of individuals were 21 years of age DATE or younger at the time of and who are enrolled in the wtc program or eligible for enrollment in the program under section spending limitation 3351(c)(5 CARDINAL ) of such act ( 42 u.s.c QUANTITY . is amended in the matter preceding (a), by inserting than subsection of such after u.s.c. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00725 fmt 6652 CARDINAL sfmt 6201 is amended by striking and inserting (a) or (c) of generation 31101. deployment of next generation in addition to amounts available, there is appropriated to the secretary for fiscal year 2022 DATE , out of any money treasury not otherwise appropriated, to remain available until 30, 2030 DATE , to make grants to eligible entities implementing next generation operating maintaining next generation training related to implementing, maintaining, and next generation if the cost related such training does not exceed 3 percent PERCENT of the grant award, and planning and implementation if the cost related to such planning and does not exceed 1 percent PERCENT of the grant award. appropriated in this subsection, the secretary may use not more than 2 percent PERCENT to and administer this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00726 fmt 6652 CARDINAL sfmt 6201 rulemaking later than days DATE after the date of the enactment of this act, assistant secretary shall, after public notice and for comment, issue rules to implement section. in assistant secretary not make a grant under this section to any entity unless such entity certifies to the secretary no portion of any fee or charge by the eligible entity, or (in the case the eligible entity is not a covered state or organization) any state or taxing within which the eligible entity will carry activities using grant funds, will be or expended for any purpose or function than a purpose or function for which the or expenditure of such a fee or is acceptable (as determined by the communications commission pursuant to rules issued under section 6(f)(3 LAW ) of the communications and public safety of 1999 DATE ( 47 u.s.c QUANTITY . as such are in effect on the date on which the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00727 fmt 6652 CARDINAL sfmt 6201 entity makes the certification) during any during which the funds from the grant available to the eligible entity; any funds received by the eligible will be used to support the deployment of generation in a manner that reliability, interoperability, and requires use of commonly accepted standards; the eligible entity has established, or to establish not later than 3 years DATE the date on which the funds are to the eligible entity, a sustainable funding for next generation and cybersecurity for next generation and no funds received by the eligible entity be used to purchase, rent, lease, or obtain covered communications equipment services (as defined in section 9 LAW of the and trusted communications networks of 2019 DATE ( 47 u.s.c QUANTITY . 1608)). other assistant shall not make a grant under this section an eligible entity unless such entity certifies to assistant secretary 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00728 fmt 6652 CARDINAL sfmt 6201 the eligible entity, and (in the case the eligible entity is not a covered state or organization) any covered state within the eligible entity will carry out activities grant funds, has designated a single or governmental body to serve as the point contact to coordinate the implementation of generation for such covered state tribal organization; and the eligible entity has developed and a plan for the coordination and of next generation with the requirements of the assistant that, at a ensures interoperability, reliability, and the use of commonly standards; enables emergency centers to process, analyze, and store data, and other information; incorporates cybersecurity tools, intrusion detection and measures; strategies for cybersecurity information sharing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00729 fmt 6652 CARDINAL sfmt 6201 CARDINAL federal, covered state, tribal, local government partners; includes a governance body or either by creation of a new body or or use of an existing body or bodies, the development and deployment of generation creates efficiencies related to next functions, including the and sharing of equipment, and services; and utilizes an effective, competitive to establishing authentication, secure connections, and in deploying next generation requiring certificate to be capable of cross-certification other authorities; avoiding risk of a single of failure or vulnerability; and adhering to federal agency practices such as those by the national institute of and technology ORG . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00730 fmt 6652 CARDINAL sfmt 6201 DATE return of after making a award to an eligible entity under subsection the assistant secretary determines that such entity has acted in a manner not in accordance the certifications required under this the assistant secretary shall, after affording process, rescind such grant award and recoup from such eligible entity. addition to amounts otherwise there is appropriated to the inspector general the department of commerce for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , to conduct oversight to combat waste, fraud, and of grant awards made under this section. 31102 CARDINAL . establishment of next generation center. addition to amounts otherwise available, there is to the assistant secretary for fiscal year DATE out of any money in the treasury ORG not otherwise $ 80,000,000 MONEY , to remain available until 30, 2030 DATE , to establish a next generation center to coordinate with covered state, and regional governments on the sharing of information about, the analysis of cybersecurity 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00731 fmt 6652 CARDINAL sfmt 6201 to, and guidelines for strategies to detect and cybersecurity intrusions relating to next generation 31103. public safety next generation board. addition to amounts otherwise available, there is to the assistant secretary for fiscal year DATE out of any money in the treasury ORG not otherwise $ 10,000,000 MONEY , to remain available until 30, 2030 DATE , to establish a 16 CARDINAL -member public safety generation advisory board (in this section to as the to be comprised of of public safety organizations, to provide to the assistant secretary with respect to out the duties and responsibilities of the secretary related to next generation including respect to the grant program established pursuant section 31101 LAW . 31104 DATE . definitions. this subtitle: fee or term fee or has the meaning given such term section 6(f)(3)(d) of the wireless and public safety act of 1999 DATE ( 47 u.s.c QUANTITY . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00732 CARDINAL fmt 6652 CARDINAL sfmt 6201 assistant term means the assistant secretary of for communications and information. commonly accepted accepted means the standards followed by the communications for network, device, and internet protocol enable interoperability; and developed and approved by a development organization that is by a united states GPE or standards body a process is open to the public, open for participation by any and process; provides for a conflict subject to an open comment and process before being finalized by the development organization; consensus-based; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00733 fmt 6652 sfmt 6201 made publicly available once cost related to planning and term related to planning means any cost incurred by an entity related to planning for and preparing application and related materials as required this title. covered means any state of the united states GPE , the of columbia GPE , puerto rico GPE , american NORP samoa, the united states GPE virgin islands, the mariana islands, and any other territory or of the united states GPE . eligible term means a covered state or a tribal and may be an entity, including a public board, or commission, established by or more entities described in subparagraph emergency communications in term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00734 DATE fmt 6652 CARDINAL sfmt 6201 means a facility is designated to receive a request for emergency assistance; and performs one CARDINAL or more of the described in subparagraph may be a public safety answering as defined in section 222 LAW of the act of 1934 DATE ( 47 u.s.c QUANTITY . functions described in this subparagraph are the process and analyze for emergency assistance and and data related to such requests. dispatch appropriate emergency providers. transfer or exchange for emergency assistance and and data related to such requests one CARDINAL or more facilities described under paragraph and emergency response 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00735 fmt 6652 CARDINAL sfmt 6201 analyze any communications from emergency response providers. support incident command interoperable; or means the of emergency communications centers to requests for emergency assistance and and data related to such requests, such location information and callback numbers from person initiating the request, and then process and the requests for emergency assistance information and data related to such requests other emergency communications centers and response providers without the need for interfaces and regardless of jurisdiction, device, software, service provider, or factors. next generation generation means an interoperable, internet protocol-based system employs commonly accepted standards; enables emergency communications to receive, process, and analyze all types requests for emergency assistance; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00736 fmt 6652 sfmt 6201 acquires and integrates additional useful to handling requests for assistance; and supports sharing information related requests for emergency assistance emergency communications centers and response providers. public safety safety means an that represents the interests of personnel local law enforcement; fire and rescue; emergency medical service; or services. the employment of sufficient measures to the ongoing operation of next generation including through the use of geo-diverse, device- network-agnostic elements that provide more one CARDINAL physical route between end points with no points where a single failure at that point cause the operation of next generation to fail. state or taxing or taxing has the meaning 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00737 fmt 6652 CARDINAL sfmt 6201 CARDINAL such term in section 6(f)(3)(d) of the wireless and public safety act of 1999 DATE ( 47 CARDINAL sustainable funding term funding means a mechanism that provides adequate revenues cover ongoing expenses, including operations, and upgrades. auctions 31201 DATE . spectrum auctions and innovation. this section: assistant term means the assistant secretary of for communications and information. term the federal communications commission ORG . covered means the band of frequencies between 3100 CARDINAL and 3450 CARDINAL megahertz ORG , inclusive. term congressional the committee on energy and of the house of representatives; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00738 fmt 6652 CARDINAL sfmt 6201 the committee on commerce, science, transportation of the senate ORG . term means secretary of commerce. ghz pre-auction in the date of of this act, the director of the office of budget ORG from the spectrum relocation established under section 118 LAW of the telecommunications and information organization act ( 47 u.s.c QUANTITY . 928 CARDINAL ) the secretary for the purpose of engineering economic analyses, activities with to systems, or other planning activities to efficiency and effectiveness of federal use in order to make frequencies in the covered band for by the secretary under (2)(a); and frequencies in the covered band identification by the secretary under ( 2)(b CARDINAL ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00739 fmt 6652 sfmt 6201 CARDINAL 118(g) of the telecommunications and information organization act ( 47 u.s.c QUANTITY . shall not apply with respect to the required under subparagraph (a). later than 180 days DATE after date of enactment of this act, the assistant in coordination with the secretary of and the executive office of the shall develop a plan for conducting the studies, economic analyses, activities respect to systems, or other planning described in subparagraph (a). consideration of common developing the plan required by (c), the assistant secretary shall facilitating the sharing of spectrum federal and non-federal users through a federal user informing platform developed by the assistant in coordination with the commission. assistant secretary the executive office of the president shall review and provide oversight of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00740 fmt 6652 CARDINAL sfmt 6201 of the plan required by subparagraph report to secretary of commerce later than 18 months DATE the date of enactment of this act, for the of aiding the secretary in making the under paragraph ( 2 CARDINAL ) and by the findings of the engineering economic analyses, activities with respect to or other planning activities described subparagraph (a), the assistant secretary, consultation with the secretary of defense, submit to the secretary and the relevant committees a report contains such findings; and frequencies the covered for identification by the under paragraph ( 2)(a CARDINAL ); and frequencies in the covered for identification by the under paragraph ( 2)(b CARDINAL ). 24 CARDINAL after the date of enactment of this act, by the findings of the engineering studies, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00741 fmt 6652 sfmt 6201 analyses, activities with respect to systems, other planning activities described in paragraph and the report required under paragraph the secretary, in consultation with the of defense, the director of the office of and technology policy, and the commission, submit to the president, the commission, and relevant congressional committees a report identifies for inclusion in a system of bidding under paragraph ( 3 CARDINAL ) at 200 CARDINAL megahertz ORG of frequencies in the band for non-federal use, shared federal non-federal use, or a combination thereof; additional frequencies of spectrum in the covered band could be made available for non-federal shared federal and non-federal use, or a thereof. in later than 7 years DATE the date of enactment of this act, the in coordination with the assistant shall commence a system of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00742 fmt 6652 CARDINAL sfmt 6201 bidding under section 309(j) of the act of 1934 DATE ( 47 u.s.c QUANTITY . 309(j)), in with paragraph ( 2 CARDINAL ) of this of the frequencies identified under (a) of that paragraph. entity that is on list required by section 2 LAW of the secure and communications networks act of 2019 DATE u.s.c. 1601) may participate in the system competitive bidding required by (a). preparing spectrum for in president shall or withdraw any assignment to a government station of the frequencies under paragraph (2)(a) to accommodate use or shared federal and non- use in accordance with that paragraph. president may not or withdraw any assignment to a government station as described in (a) before november 30, 2024 DATE . auction proceeds to cover 110 CARDINAL of federal relocation or sharing in this subsection shall be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00743 fmt 6652 CARDINAL sfmt 6201 to relieve the commission from the under section 309(j)(16)(b) of the act of 1934 LAW ( 47 u.s.c QUANTITY . 309(j)(16)(b)). rules authorizing additional use of in covered later than 4 after the date of enactment of this act, the in consultation with the assistant shall adopt rules that authorize the use of in the covered band identified under (2)(b) for non-federal use, shared federal non-federal use, or a combination thereof. opportunistic use of identified later than 4 years DATE after the date of of this act, if the president modifies or assignments under paragraph ( 4 CARDINAL ), or if accommodates the use described in (2)(a) without such modification or the commission, in coordination with the secretary, shall allow for the opportunistic of the frequencies identified under such before the auction required by paragraph ( 3 CARDINAL ) conducted. opportunistic use, if such use is with the rights of licensees that obtained through such auction, shall cease upon the by the commission of such licenses. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00744 fmt 6652 CARDINAL sfmt 6201 CARDINAL fcc ORG auction 309(j)(11 DATE ) of the act of 1934 DATE ( 47 u.s.c QUANTITY . 309(j)(11)) amended by inserting after the following: and with respect to the electromagnetic spectrum under section 31201(b)(2)(a LAW ) of the act provide for reconciliation pursuant to title ii of con. res. 14 CARDINAL , such authority shall expire on the that is 7 years DATE after the date of enactment of spectrum pipeline act of pipeline act of 2015 DATE (public law stat. 621 CARDINAL ) is in section subsection (a), by striking and inserting and in subsection (b)(1), by striking and inserting and section 1006(c)(1 LAW ), by striking and inserting learning 31301 DATE . additional support for distance addition to amounts available, there is appropriated for fiscal year 2022 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00745 fmt 6652 sfmt 6201 of any money in the treasury not otherwise emergency fund established under subsection of section 7402 LAW of the american NORP rescue plan of 2021 DATE (public law to provide support the covered regulations promulgated under (a) of such section, except that such shall be used to provide support under the regulations for costs incurred after the date enactment of this act but before june 30, 2030 DATE , of whether those costs are incurred a emergency period (as defined in (d) of such section); and $ 500,000 MONEY to the inspector general of the communications commission to conduct of support provided under the covered appropriated by this subsection shall remain until september 30, 2030 DATE . of the funds appropriated by (a)(1) may be used to purchase, rent, lease, or obtain any covered communications equipment service (as defined in section 9 LAW of the secure and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00746 fmt 6652 CARDINAL sfmt 6201 CARDINAL communications networks act of 2019 DATE ( 47 u.s.c QUANTITY . supply 31401 CARDINAL . critical manufacturing supply chain addition to amounts made available, there is appropriated to the of commerce for fiscal year 2022 DATE , out of any money treasury to remain available until expended, that no amounts may be expended after september 2031 DATE , to support the resilience, diversity, security, and of critical manufacturing supply chains affecting commerce and related administrative costs. amount under subsection (a) be available to the secretary of commerce critical manufacturing supply chain and monitoring, which may include providing and other financial assistance as appropriate eligible entities for private and public sector-led monitoring, and forecasting; facilitating and supporting the of voluntary standards, guidelines, and best to reduce risks to the resilience, diversity, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00747 fmt 6652 CARDINAL sfmt 6201 and strength of critical manufacturing chains; identifying, accelerating, promoting, and technological advances for critical supply chains; and providing grants and other financial as appropriate that support the resilience, security, or strength of a critical supply chain to eligible entities for activities may include enhancements to a domestic facility, process, or practice, the of surge capacity, the provision of goods, or activities at the determination of the the amounts made available subsection (a), not more than 3 percent PERCENT may be for related administrative expenses. eligible entity term a domestic enterprise; a domestic manufacturer; a state, local, or tribal government entity; a domestic regional technology and hub; a domestic institution of higher education; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00748 fmt 6652 CARDINAL sfmt 6201 a domestic public or private nonprofit or association; or a consortium of any of the entities described paragraphs ( 1 CARDINAL ) through (6). privacy 31501 DATE . federal trade commission ORG funding for a bureau and related expenses. addition to amounts available, there is appropriated to the federal trade for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 1,000,000,000 MONEY , to available until september 30, 2031 DATE , for carrying this section. federal trade commission ORG use the funds appropriated under subsection (a) to and operate a bureau, including by hiring and technologists, user experience designers, and other as the commission considers appropriate, to the work of the commission related to unfair or acts or practices relating to privacy, data identity theft, data abuses, and related matters. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00749 fmt 6652 CARDINAL sfmt 6201 CARDINAL of inspector general 31601 CARDINAL . funding for the office of the inspector of the department of addition to amounts otherwise available, there is to the office of the inspector general of the of commerce for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , for oversight of activities supported with funds to the department of commerce ORG in this act. on services and affordable, equitable accessible housing for the century 40001 DATE . public housing investments. addition to amounts made available, there is appropriated to the secretary housing and urban development (in this section to as the for fiscal year 2022 DATE , out of money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00750 fmt 6652 CARDINAL sfmt 6201 $10,000,000,000 MONEY for the capital fund section 9(d LAW ) of the united states housing act 1937 GPE ( 42 u.s.c QUANTITY . 1437g(d)) pursuant to the same as in fiscal year 2021 DATE , to be made available 60 days DATE of the date of the enactment of this $ 66,500,000,000 MONEY for eligible activities under 9(d)(1 CARDINAL ) of the united states housing act GPE of ( 42 u.s.c QUANTITY . 1437g(d)(1)) for priority as determined by the secretary to repair, or construct properties assisted under such 9; $ 2,750,000,000 MONEY competitive grants section 24 CARDINAL of the united states housing act 1937 GPE ( 42 u.s.c QUANTITY . 1437v DATE ) (in this section referred as under the terms and conditions subsection (b), for transformation, rehabilitation, replacement housing needs of public housing, to neighborhoods of poverty into functioning, mixed-income neighborhoods ; and $ 750,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the public housing capital fund the section 24 LAW grant program generally, information technology, financial reporting, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00751 fmt 6652 CARDINAL sfmt 6201 and evaluation, other cross-program costs in of programs administered by the secretary this title, and other costs; the secretary may and merge amounts set aside under this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . terms and conditions for section 24 LAW awarded under subsection (a)(3) shall subject to terms and conditions determined by the which shall include the following: funds may be used for and community services, community and revitalization, and affordable housing in the community. recipients of grants include lead applicants and joint applicants, as lead lead applicant be a local government or a public housing joint nonprofit or a for-profit developer may apply as a joint applicant with such public specified in subparagraph (a). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00752 DATE fmt 6652 CARDINAL sfmt 6201 period of commit to a period of affordability determined the secretary of not fewer than 20 years DATE , but the may specify a period of affordability that fewer than 20 years DATE with respect to units developed with section 24 LAW grants. environmental purposes environmental review, a grantee shall be treated a public housing agency under section 26 LAW of the states housing act of 1937 DATE (42 u.s.c. and grants from amounts made available this heading shall be subject to the issued by the secretary to implement such shall create with other local organizations, included housing owners, service agencies, and organizations. unobligated secretary until september 30, 2031 DATE , obligate any unobligated balances made available under (a)(3). low-income made under this section shall be used for housing (as such term is defined under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00753 fmt 6652 CARDINAL sfmt 6201 of the united states housing act of GPE 1937 DATE (42 1437a(b)) and affordable housing, which be housing for which the owner or purchaser the project has recorded an affordability use approved by the secretary for households up to 120 percent PERCENT of the area median for no fewer than 20 years PERCENT . other terms and under this section shall be subject to the terms and conditions: provided pursuant this section may not be used for operating costs rental assistance. development of new of section 9(g LAW ) of the united states housing act 1937 GPE ( 42 u.s.c QUANTITY . 1437g(g)(3)) shall not apply to funds made available under this section. health and made under this section shall be used to address safety, and environmental hazards, including fire, carbon monoxide, mold, asbestos, radon, infestation, and other hazards as defined by the energy efficiency and made available under this section shall 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00754 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL improvements to energy and water efficiency climate and disaster resilience in housing assisted this section. alternative secretary establish, by notice, alternative deadlines to established in section 9(j LAW ) of the united states GPE act of 1937 DATE ( 42 u.s.c QUANTITY . 1437g(j CARDINAL )) to public housing agencies reasonable periods of to obligate and expend funds provided under (1) and ( 2 CARDINAL ) of subsection (a). the secretary recaptures allocated by formula from a public housing under paragraph (a)(1), such recaptured shall be added to the amounts available paragraph (a)(2), and shall be obligated by secretary prior to the expiration of such funds. supplementation of shall ensure that amounts provided pursuant this section shall serve to supplement and not other amounts generated by a recipient of amounts or amounts provided by other federal, or local sources. waivers and alternative secretary may waive or specify requirements for subsections (d)(1), (d)(2), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00755 DATE fmt 6652 sfmt 6201 and (j) of section 9 LAW of the united states GPE act of 1937 DATE ( 42 u.s.c QUANTITY . 1437g) and associated in connection with the use of amounts available under this section other than related to tenant rights and protections, fair nondiscrimination, labor standards, and the upon a finding that the waiver or requirement is necessary to facilitate the use amounts made available under this section. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40002 DATE . investments in affordable and housing production. addition to amounts made available, there is appropriated to the secretary housing and urban development (in this section to as the for fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 34,770,000,000 MONEY , for activities and for the home investment partnerships 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00756 fmt 6652 sfmt 6201 (in this section referred to as the as authorized under title ii of the national affordable housing act ( 42 12721 DATE et seq.) (in this section referred to as $ 36,770,000,000 MONEY for activities and for the home investment partnerships as authorized under title ii of naha, subject the terms and conditions in paragraphs ( 1 CARDINAL ) and of subsection (b); $ 100,000,000 MONEY to make new awards or prior awards to existing technical assistance except that increases to prior awards do exceed 10 percent PERCENT of the amount made available this subparagraph, to provide an increase in building and technical assistance available any grantees implementing activities or projects with this section, except that the may use not more than 10 percent PERCENT of the made available under this paragraph to prior awards to existing technical assistance to provide an immediate increase in building and technical assistance; and $ 360,000,000 MONEY for the costs to the secretary administering and overseeing the implementation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00757 fmt 6652 sfmt 6201 this section and the home and housing trust programs generally, financial reporting, research and other cross-program costs in support of administered by the secretary in this title, other costs. the secretary may transfer and amounts appropriated under this paragraph section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . terms and secretary shall allocate made available under subsection (a)(2) to the formula specified in section 1338(c)(3 LAW ) the federal housing enterprises financial safety soundness act of 1992 DATE ( 12 u.s.c QUANTITY . 4568(c)(3 CARDINAL )) grantees that received housing trust fund pursuant to that same formula in fiscal year DATE and shall make such allocations within 60 days DATE the date of the enactment of this act. eligible than as in paragraph ( 5 CARDINAL ) of this subsection, funds available under subsection (a)(2) may only be for eligible activities described in (a) through (b)(i) of section 1338(c)(7) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00758 fmt 6652 CARDINAL sfmt 6201 CARDINAL federal housing enterprises financial safety soundness act of 1992 DATE ( 12 u.s.c QUANTITY . 4568(c)(7)), that not more than 10 percent PERCENT of funds made may be used for activities under such (b)(i). funding requirements in section 218(g) ( 42 u.s.c QUANTITY . of naha, the matching requirements in 220 CARDINAL (42 u.s.c. 12750 DATE ) of naha, and the for housing developed, sponsored, or owned community housing development organizations in section 231 LAW of naha ( 42 u.s.c QUANTITY . 12771 DATE ) not apply for amounts made available under section. funds provided under (1) and ( 2 CARDINAL ) of subsection (a), the may recapture certain amounts remaining to a grantee under this section or amounts by a grantee, and reallocate such amounts other grantees under that paragraph to ensure expenditure, geographic diversity, and of funding to communities within the state which the funds have been recaptured. notwithstanding (c) and (d)(1) of section 212 LAW of naha ( 42 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00759 fmt 6652 sfmt 6201 12742 DATE ), eligible grantees may use not more 15 percent PERCENT of their allocations under this for administrative and planning costs. secretary may waive or specify requirements for any provision of naha ( 42 12701 DATE et seq.) or regulation for the administration the amounts made available under this section other requirements related to fair housing, labor standards, and the environment, upon a finding the waiver or alternative requirement is necessary to or facilitate the use of amounts made available this section. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40003 DATE . housing investment fund. is established in the of the united states GPE a fund to be known as the investment fund, which shall be within the development financial institutions fund (in this referred to as the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00760 fmt 6652 CARDINAL sfmt 6201 CARDINAL increase and preserve the affordability and of housing; housing; increase the availability of affordable, improve the energy and water efficiency and of affordable housing; enhance economic opportunities for by financing or supporting affordable housing within proximity to public transportation, as in section 5302 LAW of title 49 DATE , united states GPE or centers of employment, and education, and community services; match the creation of housing supply to demand and projected demand growth in the to the benefit of existing residents and with to preventing displacement of residents; and further fair housing purposes addressing disinvestment, the concentration of poverty, housing segregation on the basis of race, color, natural origin, sex, disability, or familial addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00761 fmt 6652 CARDINAL sfmt 6201 $9,640,000,000 MONEY to the housing investment established by this section; and $ 360,000,000 MONEY for the costs to the cdfi of administering and overseeing the of this section, including information financial reporting, research and evaluations, housing compliance, and other costs. appropriated by this section shall remain until september 30, 2031 DATE . expenditures from in the investment fund shall be available to the cdfi to make grants to increase investment in the preservation, rehabilitation, financing, or of affordable housing primarily for low-, very low- and extremely low- income families , and for homeowners incomes up to 120 percent PERCENT of the area median the cdfi fund may impose such conditions as it necessary to achieve the program goals, including with the secretary of housing and urban to housing achieve the purposes of (a)(6). eligible grant under this may be made, pursuant to such requirements as the fund shall establish for experience and success in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00762 fmt 6652 sfmt 6201 out the types of activities proposed under the of the grantee, only a cdfi fund certified community financial institution, as such term is defined in 103 CARDINAL of the riegle community development regulatory improvement act of 1994 DATE ( 12 4702 CARDINAL ) that is not found to be out of with the obligation to affirmatively further fair as applicable; a nonprofit organization having as one of its purposes the creation, development, or of affordable housing and that is not to be out of compliance with the obligation to further fair housing, as applicable, a subsidiary of a public housing authority; a consortium comprised of certified development financial institutions, eligible housing organizations, or a combination of eligible amounts awarded from housing investment fund pursuant to this section be used for the purposes described in subsection (c), for the following uses: to provide loan loss reserves. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00763 fmt 6652 sfmt 6201 to capitalize an acquisition fund to acquire industrial, or commercial property and for the purpose of the preservation, or rehabilitation of affordable, accessible including to support the creation, preservation, rehabilitation of resident-owned manufactured communities. to capitalize an affordable housing fund , development, preservation, rehabilitation, or of affordable housing and economic activities, including community facilities, if of a mixed-use project, or activities described in paragraph related to transit-oriented which may also be designated as a focus of a fund. to capitalize an affordable housing fund, to facilitate the origination of mortgages buyers that may experience significant barriers to affordable mortgage credit, having low original principal obligations. for risk-sharing loans. to provide loan guarantees. to fund rental housing operations. cdfi fund shall provide, application process, for eligible grantees under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00764 fmt 6652 sfmt 6201 (d) to submit applications for housing investment grants to the cdfi fund at such time and in such as the cdfi fund shall determine. grant in cdfi fund shall limitations on aggregate funds available for an grantee and its subsidiaries and affiliates, eligible uses and activities as appropriate. leverage of grant from housing investment fund awarded under this shall be reasonably expected to result in affordable housing activities that support or affordable housing funded by a grant under section and capital from other public and sources. direct hiring cdfi fund use direct hiring authority to hire employees to the housing investment fund. cdfi fund shall have authority to issue such regulations or other guidance, instructions, and publications as may be necessary appropriate to carry out the programs, projects, or authorized under this section, including to ensure such programs, projects, or activities are completed a timely and effective manner. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00765 fmt 6652 CARDINAL sfmt 6201 40004 DATE . section 811 LAW supportive housing for with disabilities. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 898,000,000 MONEY for capital advances, amendments to capital advance contracts, for housing for persons with disabilities, as by section 811 LAW of the cranston PERSON -gonzalez affordable housing act ( 42 u.s.c QUANTITY . 8013) this section referred to as the and for rental assistance for supportive housing for with disabilities under section 811(d)(2 LAW ) of act and for project assistance contracts to section 202(h) of the housing act of 1959 DATE law 73 CARDINAL stat. 667 CARDINAL ), for project assistance to state housing finance agencies and appropriate entities as authorized under 811(b)(3) of the act, for state housing finance $ 15,000,000 MONEY for providing technical to support state-level efforts to integrate assistance and voluntary supportive services for of housing receiving such assistance, which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00766 DATE fmt 6652 sfmt 6201 may also be used to provide technical to applicants and potential applicants to program requirements and develop effective and the secretary may use up to 10 CARDINAL of such amounts made available under this to increase prior awards to existing assistance providers to provide an immediate in capacity building and technical and $ 87,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the supportive housing for with disabilities program generally, including technology, financial reporting, research evaluations, other cross-program costs in of programs administered by the secretary in title, and other costs; the secretary may and merge amounts appropriated under this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . secretary may waive or specify requirements for any provision of section of the act ( 42 u.s.c QUANTITY . 8013(b)(3)), or regulation the secretary administers that is applicable to such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00767 fmt 6652 sfmt 6201 CARDINAL other than requirements related to fair housing, labor standards, and the environment, a finding that the waiver or alternative requirement necessary to facilitate the use of amounts made under this section. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40005 DATE . section 202 CARDINAL supportive housing for the program. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 2,360,000,000 MONEY for the supportive housing the elderly program authorized under section of the housing act of 1959 DATE ( 12 u.s.c QUANTITY . 1701q DATE ) this section referred to as the which shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00768 fmt 6652 CARDINAL sfmt 6201 for capital advance awards in with section 202(c)(1) of the act to that are eligible under the act; for section 8 LAW project-based rental contracts in accordance with subsection of this section and section 8 LAW of the united housing act of ORG 1937 DATE ( 42 u.s.c QUANTITY . 1437f), this section referred to as the capital advance projects, new rental assistance contracts under 8 of the 1937 DATE act for capital advance notwithstanding subsections (b) and (c) section 202 CARDINAL of the act ( 12 u.s.c QUANTITY . 1701q DATE ) section 8 of the 1937 LAW act ( 42 u.s.c QUANTITY . with the secretary setting the terms of project-based rental assistance contracts, the duration and provisions regarding setting and rent adjustment; and for service coordinators; $ 15,000,000 MONEY , to provide technical assistance support state-level efforts to improve the design delivery of voluntary supportive services for of any housing assisted under the act and housing supporting low-income older adults, in to support residents to age-in-place and avoid 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00769 DATE fmt 6652 CARDINAL sfmt 6201 care, as well as to assist applicants and applicants with project-specific design; and secretary may use up to 10 percent PERCENT of such made available under this paragraph to prior awards to existing technical assistance to provide an immediate increase in building and technical assistance; and $ 125,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the supportive housing for the program generally, including information financial reporting, research and other cross-program costs in support of administered by the secretary in this title, other costs; the secretary may transfer and amounts appropriated under this paragraph section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . secretary may waive or specify requirements for any provision of section 202 CARDINAL the act ( 12 u.s.c QUANTITY . 1701q DATE ), section 8 of the 1937 act u.s.c LAW . 1437f), or regulation that the secretary that is applicable to such statutes other than related to fair housing, nondiscrimination, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00770 fmt 6652 CARDINAL sfmt 6201 standards, and the environment, upon a finding that waiver or alternative requirement is necessary to the use of amounts made available under this section. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40006 DATE . improving energy efficiency or water or climate resilience of housing. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 5,314,000,000 MONEY for providing direct loans, may be forgivable, and grants, subject to and conditions, including affordability determined by the secretary, to fund projects improve the energy or water efficiency, low-emission technologies, materials, or including zero CARDINAL -emission electricity generation, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00771 fmt 6652 sfmt 6201 CARDINAL storage, or building electrification, electric charging station installations, or address climate of multifamily properties; $ 76,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section, including information technology, reporting, research and evaluation, other costs in support of programs by the secretary in this title, and other costs; the secretary may transfer and merge amounts under this paragraph to section 40301 LAW ; $ 360,000,000 MONEY for expenses of contracts by the secretary, including to carry out climate risk, energy, or water assessments, diligence, and underwriting functions for such and direct loan program; and $ 250,000,000 MONEY energy and water of properties eligible to receive grants loans under this section, regardless of whether actually received such grants, along with data analysis and evaluation at the property portfolio level, including the development of technology systems necessary for the evaluation, and analysis of such data. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00772 fmt 6652 sfmt 6201 appropriated by this section shall remain until september 30, 2031 DATE . eligible made under this section shall be for direct loans, grants, direct loans that can be converted to grants to receiving project-based assistance pursuant to 202 CARDINAL of the housing act of 1959 DATE ( 12 u.s.c QUANTITY . 1701q DATE ), 811 CARDINAL of the cranston PERSON -gonzalez national affordable act ( 42 u.s.c QUANTITY . 8013), or section 8(b LAW ) of the states housing act of 1937 DATE ( 42 u.s.c QUANTITY . 1437f(b CARDINAL )). costs of direct loans provided under section, including the cost of modifying such direct or converting direct loans into grants, shall be as in section 502 LAW of the congressional budget act 1974 ORG ( 2 u.s.c QUANTITY . 661a). secretary may waive or specify requirements for any provision of section 202 LAW of housing act of 1959 DATE ( 12 u.s.c QUANTITY . 1701q DATE ), section 811 LAW the cranston-gonzalez national affordable housing ( 42 u.s.c QUANTITY . 8013), section 8 LAW of the united states GPE act of 1937 DATE ( 42 u.s.c QUANTITY . 1437f), or any regulation to such statutes other than requirements to tenant rights and protections, rent setting, fair nondiscrimination, labor standards, and the upon a finding that the waiver or alternative 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00773 fmt 6652 sfmt 6201 is necessary to facilitate the use of such 40007 DATE . revitalization of distressed properties. addition to amounts available, there is appropriated to the secretary of and urban development for fiscal year 2022 DATE , out any money in the treasury ORG not otherwise $ 3,870,000,000 MONEY for providing direct loans, may be forgivable, to owners of distressed for the purpose of making necessary improvements, including to subsidize gross for the principal amount of direct loans not exceed $ 6,000,000,000 MONEY , subject to the terms and in subsection (b); and $ 130,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the office of housing programs including information technology, financial research and evaluations, other costs in support of programs administered by secretary in this title, and other costs; the may transfer and merge amounts under this paragraph to section 40301 LAW . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00774 fmt 6652 sfmt 6201 appropriated by this section shall remain until september 30 DATE , 2031 CARDINAL loan terms and of distressed housing projects who meet each of the requirements shall be eligible for loan under this section: the actual rents received by the owner the distressed property would not adequately the debt needed to make necessary improvements. any such additional eligibility criteria the secretary determines to be appropriate, factors that contributed to the distressed state. use of loan recipient of assistance under this section may only use such assistance to make necessary physical to a distressed property. loan secretary shall provide loan assistance to an owner of a property when such assistance, considered other financial resources available to the owner, necessary to remove the property from a state. the secretary may provide assistance 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00775 fmt 6652 sfmt 6201 any amount that the secretary determines is to make the necessary physical improvements will correct the deficiencies of the distressed interest rates and under this section shall bear interest at 1 CARDINAL and at origination shall have a repayment coterminous with the affordability period under paragraph ( 5 CARDINAL ), with the frequency amount of repayments to be determined by established by the secretary. loan modifications or respect to loans provided under this section, secretary may take any of the following actions the secretary determines that doing so will affordability of the property: waive any due on sale or due on restriction. consent to the terms of new owner to which the loans may be subordinate, if such new debt would impact the rate of of the loans. extend the term of the loan. forgive the loan in whole or in part. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00776 fmt 6652 sfmt 6201 extended affordability of loan assistance under this section shall to an extended affordability period for the that is subject to the loan by extending any affordable housing use agreements for an 30 years DATE or, if the property is not subject to a use agreement establishing requirements, by establishing a use for 30 years DATE . matching recipient loan assistance under this section shall secure at 20 percent PERCENT of the total cost needed to make the physical improvements from non-federal other than under this section, except in where the secretary determines that a lack of resources qualifies a loan recipient a reduced contribution below 20 CARDINAL or an exemption to the matching requirement. additional loan may establish additional conditions for loan provided under this section as the determines to be appropriate. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00777 fmt 6652 CARDINAL sfmt 6201 CARDINAL properties insured under national the case of a loan issued under section that is secured by a property with under title ii of the national housing act ORG ( 12 1707 DATE et seq.), the secretary may use funds under this section as necessary to pay for costs of modifying such loan in accordance with 502 CARDINAL of the congressional budget act of ( 2 u.s.c QUANTITY . 661a). costs of direct loans provided this section, including the cost of modifying direct loans, shall be as defined in section 502 LAW the congressional budget act of 1974 DATE (2 u.s.c. used in this the term housing a project consisting of more than four CARDINAL units assisted, insured, or with a loan held by secretary or a state or state agency in part or whole pursuant section 8 LAW of the united states housing of 1937 GPE ( 42 u.s.c QUANTITY . 1437f), not including subsection (o)(13) of such section; section 202 LAW of the housing act of ( 12 u.s.c QUANTITY . 1701q DATE ), as amended by section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00778 fmt 6652 sfmt 6201 of the cranston-gonzalez national housing act; section 202 LAW of the housing act of (former 12 CARDINAL u.s.c. 1701q DATE ), as such section before the enactment of the cranston- national affordable housing act; section 811 LAW of the cranston PERSON -gonzalez affordable housing act (42 u.s.c. or section 236 LAW of the national housing ( 12 u.s.c QUANTITY . 1715z-1); the term means a housing project that has deficiencies cause the property to be at risk of physical or economic non-viability; the term means the secretary housing and urban development; and the term physical means capital improvements that the determines are necessary to address the making a property a distressed property or rise to such a level that delaying physical to the property would be detrimental to longevity of the property as suitable housing for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00779 fmt 6652 CARDINAL sfmt 6201 DATE secretary shall have the to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40008 DATE . investments in rural rental housing. addition to amounts available, there is appropriated to the secretary of (in this section referred to as the fiscal year 2022 DATE , out of any money in the treasury ORG otherwise $ 4,360,000,000 MONEY , to remain available until for carrying out new construction, to energy and water efficiency or climate the removal of health and safety hazards, the preservation and revitalization of housing under sections 514 CARDINAL , 515 CARDINAL , and 516 CARDINAL of the act of 1949 DATE ( 42 u.s.c QUANTITY . 1484 DATE , 1485 DATE , and subject to the terms and conditions in (b); $ 200,000,000 MONEY , to remain available until 30, 2024 DATE , to provide grants under section of the housing act of 1949 DATE ( 42 u.s.c QUANTITY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00780 DATE fmt 6652 CARDINAL sfmt 6201 DATE or agreements entered into in lieu of forgiveness or payments for eligible households authorized by section 502(c)(5)(d) of the act of 1949 DATE ( 42 u.s.c QUANTITY . 1472(c)(5)(d)), to continued assistance to households assisted to section 3203 LAW of the american NORP rescue plan of 2021 DATE ; and $ 240,000,000 MONEY , to remain available until for the costs to the secretary of and overseeing the implementation of this including information technology, financial research and evaluations, other costs in support of programs administered by secretary in this title, and other costs. preservation and revitalization terms loans and grants and other secretary shall provide direct loans and including the cost of modifying loans, as in section 502 LAW of the congressional budget act 1974 ORG ( 2 u.s.c QUANTITY . 661a), to restructure existing of agriculture multi-family housing loans for the purposes of ensuring the project sufficient resources to preserve the project for purpose of providing safe and affordable housing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00781 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL low-income residents and farm laborers, reducing or eliminating interest; deferring loan payments; subordinating, reducing, or loan debt; and providing other financial assistance, advances, payments, and incentives the ability of owners to obtain returns on investment) required by the including such assistance to non- entities and public housing authorities. restrictive use shall as part of the preservation and agreement obtain a restrictive use agreement with the terms of the restructuring. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00782 DATE fmt 6652 CARDINAL sfmt 6201 40009 DATE . housing vouchers. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 48,460,000,000 MONEY incremental tenant-based rental for extremely low-income families under 8(o EVENT ) of the united states housing act 1937 GPE ( 42 u.s.c QUANTITY . 1437f(o)); renewals of such tenant-based rental and fees for the costs of administering rental assistance and other eligible as determined by the secretary, such security deposit assistance and other costs to the retention and support of owners; $ 24,000,000,000 MONEY incremental tenant-based rental under section 8(o LAW ) of the united states GPE act of 1937 DATE ( 42 u.s.c QUANTITY . 1437f(o)) for experiencing or at risk of survivors of domestic violence, dating 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00783 fmt 6652 sfmt 6201 sexual assault, and stalking, and of trafficking families; renewals of such tenant-based rental and fees for the costs of administering rental assistance and other eligible as determined by the secretary, such security deposit assistance and other costs to the retention and support of owners; $ 500,000,000 MONEY tenant protection vouchers for and replacement of public housing units or disposed of pursuant to section of the united states housing act GPE of 1937 DATE u.s.c. 1437p) as part of a public housing project-based using funds made available under act; and renewals of such tenant-based rental fees for the costs of administering rental assistance and other eligible as determined by the secretary, such security deposit assistance and other costs 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00784 fmt 6652 CARDINAL sfmt 6201 to the retention and support of owners; $ 750,000,000 MONEY for competitive grants, to terms and conditions determined by the to public housing agencies for services for voucher families, including families children, and service coordination; $ 500,000,0000 MONEY for eligible expenses to the use of voucher assistance under this and for other voucher assistance under section of the united states housing act of GPE 1937 DATE , as by the secretary, including property outreach and retention activities such as payments, security deposit payments and loss landlord liaisons, and other uses of funds to recruit owners of dwelling units, dwelling units in census tracts with poverty rate of less than 20 percent PERCENT , to enter housing assistance payment contracts; and to encourage owners that enter into assistance payment contracts as in subparagraph (a) to continue to their dwelling units to tenants assisted 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00785 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 8(o CARDINAL ) of the united states GPE act of 1937 DATE ; $ 750,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the housing choice voucher generally, including information technology, reporting, research and evaluations, other costs in support of programs by the secretary in this title, and other costs; $ 40,000,000 MONEY for making new awards or prior awards to existing technical assistance to provide an increase in capacity building technical assistance available to public housing except that the secretary may use not than 10 percent PERCENT of the amount made available this paragraph to increase prior awards to technical assistance providers to provide an increase in capacity building and assistance. terms and secretary shall allocate incremental assistance provided for rental under subsection (a)(1) and ( 2 CARDINAL ) in each year DATE commencing in 2022 DATE and ending in 2026 DATE in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00786 fmt 6652 CARDINAL sfmt 6201 with a formula that includes measures of housing need among extremely low-income and public housing agency capacity, and geographic diversity among public housing administering the housing choice voucher election to secretary establish a procedure for public housing to accept or decline the incremental vouchers available under this section. failure to use vouchers a public housing agency fails to lease the vouchers it has received under this subsection behalf of eligible families within a reasonable of time, the secretary may offset the renewal allocations or revoke and any unleased vouchers and associated funds, administrative fees and other expenses to in subsections (a)(3) and (a)(4), to other housing agencies. prohibition of use under moving to public housing agencies as moving to work agencies shall be eligible an allocation under this section, but may only such amounts for the activities listed in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00787 fmt 6652 CARDINAL sfmt 6201 (a) for which the funds were provided to agency. cap on project-based vouchers for request by a housing agency, the secretary may designate number of the public housing vouchers under this section as excepted units that do count against the percentage limitation on the of authorized units a public housing agency project-base under section 8(o)(13)(b LAW ) of the states housing act of 1937 DATE , in accordance the conditions established by the secretary. paragraph may not be construed to waive, or specify alternative requirements, or permit waivers, limitations, or alternative related to fair housing and including the requirement to provide housing services to individuals with disabilities in settings. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00788 fmt 6652 sfmt 6201 that such programs, projects, or activities are in a timely and effective manner. 40010. project-based rental assistance. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 14,760,000,000 MONEY for the project-based assistance program, as authorized under section of the united states housing act of GPE 1937 DATE ( 42 1437f(b CARDINAL )), (in this section referred to as the subject to the terms and conditions of (b) of this section; $ 40,000,000 MONEY for providing technical to recipients of or applicants for project-based assistance or to states allocating the project- rental assistance; and $ 200,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the section 8 LAW project-based rental program generally, including information financial reporting, research and and other cross-program costs in support of administered by the secretary in this title, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00789 fmt 6652 CARDINAL sfmt 6201 CARDINAL other costs; and the secretary may transfer and amounts appropriated under this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . terms and section 8(a LAW ) act ( 42 u.s.c QUANTITY . 1437f(a CARDINAL )), the secretary may use made available under this section to assistance payments with respect to newly housing, existing housing, or substantially non-housing structures for use as new housing in accordance with this section the provisions of section 8 LAW of the act. in the secretary may use amounts made available this section for performance-based contract for section 8 LAW project-based assistance, carrying out this section and section 8 LAW of the project-based rental secretary may make assistance payments using made available under this section pursuant contracts with owners or prospective owners who to construct housing, to substantially existing housing, to substantially rehabilitate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00790 fmt 6652 CARDINAL sfmt 6201 CARDINAL structures for use as new multifamily or to attach the assistance to newly housing in which some or all of the units be available for occupancy by very low-income in accordance with the provisions of section of the act. in awarding contracts pursuant to this the secretary shall give priority to owners or owners of multifamily housing projects or to be located in areas of high opportunity, defined by the secretary, in areas experiencing growth or rising housing prices to prevent or secure affordable housing for households, or that serve people at risk of or that integrate additional units that accessible for persons with mobility impairments persons with hearing or visual impairments those required by applicable federal standards. secretary may use mechanisms, alone or in combination, to award with amounts made available under this using a competitive process, which the may carry out in multiple rounds of each of which may have its own 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00791 fmt 6652 CARDINAL sfmt 6201 performance, and reporting criteria as by the secretary; selecting proposals submitted through loan applications that meet specified delegating to states and territories the of contracts, including related such as the maximum monthly DATE rent, to the requirements of section 8 LAW of the as determined by the secretary; and using any other means that the determines to be reasonable to the purposes of this section. contract term, rent setting, and secretary may set the of the contract, including the duration and regarding rent setting and rent secretary may waive or specify requirements for any provision of section 8 LAW of act ( 42 u.s.c QUANTITY . 1437f) or regulation that the secretary that is applicable to such statute other than related to tenant rights and protections, rent fair housing, nondiscrimination, labor standards, the environment, upon a finding that the waiver or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00792 fmt 6652 CARDINAL sfmt 6201 DATE requirement is necessary to expedite or the use of amounts made available under this section. secretary shall have the to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40011 DATE . investments in native american NORP addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 784,375,000 MONEY for grants under title i of the american NORP housing assistance and act of 1996 DATE (in this section referred to ( 25 u.s.c QUANTITY . 4101 CARDINAL et seq.) , and secretary shall distribute such amount according the same funding formula used in fiscal year DATE $ 7,000,000 MONEY for grants under title viii of ( 25 u.s.c QUANTITY . 4221 et seq.); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00793 fmt 6652 CARDINAL sfmt 6201 $784,375,000 MONEY for competitive grants to authorized under of ( 25 u.s.c QUANTITY . 4111 CARDINAL et seq.), which may be new construction and rehabilitation of housing; improving water or energy efficiency or resilience to natural hazards for assisted by amounts made available this subsection; or ) other eligible affordable housing under nahasda ORG ; $ 334,250,000 MONEY competitive single-purpose indian NORP development block grants for indian NORP under title i of the housing and development act of 1974 DATE ( 42 u.s.c QUANTITY . 5301 CARDINAL seq.); and imminent threat grants under title i of housing and community development act 1974 DATE ( 42 u.s.c QUANTITY . 5301 CARDINAL et seq.) for indian NORP or a tribal organization, governmental or nonprofit organization designated by indian NORP tribe to apply for a grant on its which may be used 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00794 fmt 6652 CARDINAL sfmt 6201 address environmental threats, long-term environmental threats; assist indian NORP tribes with relocating portion of or entire communities due to to the local environment; or assist indian NORP tribes with other threats to health and safety; $ 50,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and native american NORP programs including information technology, financial research and evaluations, other costs in support of programs administered by secretary in this act, and other costs; and $ 40,000,000 MONEY to make new awards or prior awards to existing technical assistance to provide an immediate increase in building and technical assistance to grantees; and secretary may use not more than 10 percent PERCENT of amount under this paragraph to increase prior to existing technical assistance providers to an immediate increase in capacity building technical assistance. appropriated by this section shall remain until september 30, 2031 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00795 fmt 6652 CARDINAL sfmt 6201 CARDINAL grantee any provision of this section, of nahasda ORG ( 25 u.s.c QUANTITY . et seq.), or of the provisions of title i of the housing community development act of 1974 DATE ( 42 u.s.c QUANTITY . et seq) applicable to the indian NORP community block grant program, an indian NORP tribe shall be to receive grants with amounts made available under section if the secretary determines that the indian NORP is not in compliance with obligations under its 1866 DATE with the united states GPE as it relates to the inclusion persons who are lineal descendants of freedmen as the rights of the citizens of such tribes, unless a court has issued a final order that determines the obligations with respect to including freedmen as for purposes of this subsection, a court order is considered final if time remains for an appeal or for discretionary review with respect to the order. preliminary any amounts made available in (a)(4)(b), and in consultation with the of the interior, the secretary may award grants of up to $2,000,000 MONEY each to that have applied for a grant under (a)(4)(b) before making a final 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00796 fmt 6652 CARDINAL sfmt 6201 DATE as to whether to award a grant under (a)(4)(b) to such applicant. need and to awarding a grant under this subsection, the must determine, based on a preliminary of need and administrative capacity, that applicant is likely able to carry out the grant but would need additional administrative planning resources to develop a comprehensive plan and additional administrative in order to successfully administer a grant subsection (a)(4)(b). eligible preliminary shall be used for eligible program activities, defined by the secretary, that the secretary will allow the applicant to successfully the grant. are not subject to administrative and caps. funding of whether to award a final grant under (a)(4)(b) to an applicant after funding was granted to an applicant shall not subject to review. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00797 fmt 6652 CARDINAL sfmt 6201 made available under (a)(1) that are not accepted within a time by the secretary, are voluntarily returned, or are recaptured for any reason may be used to fund under paragraph ( 3 CARDINAL ) or (4) of subsection (a). secretary may waive or specify requirements for any provision of nahasda ORG u.s.c. 4101 CARDINAL et seq.), title i of the housing and development act of 1974 DATE ( 42 u.s.c QUANTITY . 5301 CARDINAL et seq), regulation that the secretary administers that is to such statutes other than requirements related to housing, nondiscrimination, labor standards, and the upon a finding that the waiver or alternative is necessary to expedite or facilitate the use amounts made available under this section. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00798 fmt 6652 CARDINAL sfmt 6201 century DATE and equitable 40101 CARDINAL . community development block grant for affordable housing and addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 6,600,000,000 MONEY for grants to grantees section 106 CARDINAL of the housing and community act of 1974 DATE ( 42 DATE u.s.c.5306) under community development block grant program title i of such act, subject to subsection (b) this section, except that for purposes of amounts available by this paragraph, paragraph ( 2 CARDINAL ) of section 106(a) shall be applied by substituting for $ 1,000,000,000 MONEY for assistance to community block grant grantees, as determined by secretary, under section 106 LAW of the housing and development act of 1974 DATE ( 42 u.s.c QUANTITY . only for colonias, to address the community 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00799 fmt 6652 CARDINAL sfmt 6201 CARDINAL housing infrastructure needs of existing colonia based on a formula that takes into account in poverty in the colonia areas, except that may use funds in colonias outside of the border area upon approval of the $ 500,000,000 MONEY for grants under the development block grant program under title i the housing and community development act of ( 42 u.s.c QUANTITY . 5301 CARDINAL et seq.) to eligible recipients subsection (d) of this section for housing infrastructure improvements in manufactured home communities; $ 300,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section, the community development block program, and the manufactured home and safety standards program generally, information technology, financial research and evaluations, fair housing other cross-program costs in support of administered by the secretary in this title, other costs; and the secretary may transfer and amounts set aside under this paragraph to 40301 CARDINAL ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00800 CARDINAL fmt 6652 sfmt 6201 $100,000,000 MONEY for providing technical to recipients of or applicants for grants under section. appropriated by this section shall remain until september 30, 2031 DATE . housing on new of housing shall be an eligible expense for a of funds made available under this section that not a recipient of funds under title ii of the cranston- national affordable housing act ( 42 u.s.c QUANTITY . 42 12721 DATE et seq.). manufactured housing community grant secretary of and urban development shall carry out a grant program to award funds appropriated subsection (a)(4) to eligible recipients to carry eligible projects for improvements in eligible home communities. under this subsection shall be used only to in carrying out a project for construction, repair, or clearance of housing, and improvements in or serving a manufactured community 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00801 fmt 6652 sfmt 6201 is critically needed to protect the and safety of the residents of the housing community and the long-term of the community; can be commenced expeditiously by a grant under this subsection; and includes eligible under the community block grant program under title i the housing and community act of 1974 DATE ( 42 u.s.c QUANTITY . 5301 CARDINAL et to facilitate installation, including construction for new homes, as defined in section 603 LAW of national manufactured construction safety standards act of 1974 DATE (42 5402) and regulated under regulations, and previously sold manufactured homes; or to mitigate flood risk. secretary shall prioritize under this section by the extent to which the will assist low-income families and preserve 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00802 fmt 6652 sfmt 6201 CARDINAL housing affordability for residents of an manufactured home community. secretary may waive or specify requirements for any provision of title i of the and community development act of 1974 DATE (42 5301 et seq.) or regulation that the secretary in connection with use of amounts made under this section other than requirements related to housing, nondiscrimination, labor standards, and the upon a finding that the waiver or alternative is necessary to expedite or facilitate the use amounts made available under this section. purposes of this section, the definitions shall apply: colonia term any census tract is an area of the united states GPE within miles of the contiguous border between the states and mexico GPE , except as otherwise by the secretary; and lacks potable water supply, adequate systems, and lack of decent, safe, housing, and other objective criteria as by the secretary. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00803 fmt 6652 CARDINAL sfmt 6201 eligible manufactured home term manufactured home means a community meets the affordable housing safe requirements of the internal revenue under section 601.201 LAW of title 26 CARDINAL , code of regulations; and is owned by the residents of the housing community through a entity, as defined by the in which at least two-thirds CARDINAL of residents member-owners of the land-owning entity; the secretary otherwise determines is to such binding agreements as are to ensure that the manufactured housing will be maintained as such a and affordable for low-income families such term is defined in section 104 LAW of the national affordable act ( 42 u.s.c QUANTITY . 12704 DATE )), on a long-term eligible term means a partnership 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00804 fmt 6652 CARDINAL sfmt 6201 a grantee under section 106 LAW of the and community development act of (42 u.s.c.5306); and an eligible manufactured home a nonprofit entity, or a consortia of entities working with an eligible home community. manufactured home home ORG means any court, or park equipped to accommodate homes for which pad sites, with or existing manufactured homes or other homes, or other suitable sites, are used for residential purposes, with any additional as determined by the secretary, any manufactured housing community as such is used for purposes of the program of the national mortgage association ORG for loans for manufactured housing communities the program of the federal home loan corporation for loans for manufactured communities. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00805 DATE fmt 6652 CARDINAL sfmt 6201 DATE or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40102 DATE . lead-based paint hazard control and health and safety mitigation in housing of with lower incomes. addition to amounts made available, there is appropriated to the secretary housing and urban development (in this section to as the for fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 6,430,000,000 MONEY for grants to states, units general local government, indian NORP tribes or their designated housing entities, and nonprofit for the activities under subsection (c) target housing units, and common areas servicing units, where low-income families reside or are to reside that is not public housing, assisted by project-based rental assistance under 8 DATE of the united states housing act GPE of 1937 DATE u.s.c. 1437f), under subsection of such section, nor housing assisted under 202 of the housing act of 1959 DATE ( 12 u.s.c QUANTITY . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00806 CARDINAL fmt 6652 CARDINAL sfmt 6201 DATE or section 811 LAW of the cranston PERSON -gonzalez affordable housing act ( 42 u.s.c QUANTITY . 8013); $ 500,000,000 MONEY for grants to state or local or nonprofit entities for the activities in (c) in target housing units, and common servicing such units, that are being assisted the weatherization assistance program under title iv of the energy conservation production act ( 42 u.s.c QUANTITY . 6851 et seq.) but are public housing, housing assisted by project-based assistance under section 8 LAW of the united housing act of ORG 1937 DATE ( 42 u.s.c QUANTITY . 1437f), under subsection (o)(13) of such section, nor assisted under section 202 LAW of the housing of 1959 DATE ( 12 u.s.c QUANTITY . 1701q DATE ) or section 811 LAW of the national affordable housing act u.s.c. 8013); $ 2,000,000,000 MONEY for grants to owners of a receiving project-based rental assistance section 8 LAW of the united states housing act GPE of ( 42 u.s.c QUANTITY . 1437f), including under subsection of such section, that meets the definition of housing and that has not received a grant for purposes under this act for the activities in (c), except subsection (c)(2), in target 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00807 fmt 6652 CARDINAL sfmt 6201 CARDINAL units receiving such assistance and common servicing such units; $ 810,000,000 MONEY for costs related to training technical assistance to support identification mitigation of lead and housing-related health safety hazards, research, and evaluation related activities under this section; and $ 260,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section, and the lead hazard and related programs generally including technology, financial reporting, research evaluations, other cross-program costs in of programs administered by the secretary in act, and other costs; the secretary may transfer merge amounts appropriated under this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . terms and income eligibility any inconsistent requirements, the may make income determinations of for enrollment of housing units for grants 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00808 fmt 6652 CARDINAL sfmt 6201 subsection (a)(1) using criteria under i of the housing and community act of 1974 DATE ( 42 u.s.c QUANTITY . 5301 CARDINAL et seq.), ii of the cranston PERSON -gonzalez national housing act ( 42 u.s.c QUANTITY . 12701 DATE et section 8 CARDINAL of the united states housing of 1937 GPE ( 42 u.s.c QUANTITY . 1437f), title iv of the conservation and production act (42 6851 et seq.), section 2605 DATE of the low- home energy assistance act of 1981 DATE u.s.c. 8624), or section 2044 DATE of title 38 CARDINAL , states code, as determined appropriate the secretary; subsection (a)(2) using criteria under 8 DATE of the united states housing act GPE of ( 42 u.s.c QUANTITY . 1437f) or title iv of the conservation and production act (42 6851 et seq.). housing families with young owner of rental property that receives under subsection (a)(3) shall give priority renting units for which the lead-based paint has abated pursuant to subsection (a)(3), for not than 3 years DATE following the completion of lead 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00809 fmt 6652 CARDINAL sfmt 6201 CARDINAL activities, to families with a child under age of 6 years DATE . administrative recipient a grant under this section may use up to 10 CARDINAL of the grant for administrative expenses with the activities funded by this section. eligible awarded under section shall be used abatement of lead-based paint in target target housing; interim controls of lead-based paint hazards lead-based paint inspections; lead risk assessments; lead hazard control clearance examinations; testing for housing-related health and safety mitigation of housing-related health and hazards, including lead faucets, fixtures, and lines; technical assistance; providing work practices training to local 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00810 fmt 6652 sfmt 6201 outreach and engagement with community including stakeholders in communities; capacity building; program evaluation and research; environmental reviews; or activities that directly or indirectly support work under this section, as applicable, that which such activities could not be conducted. environmental purposes of review pursuant to the national policy act of 1969 DATE ( 42 u.s.c QUANTITY . 4321 et seq.) and provisions of law that further the purposes of such a grant under subsection (a) of this section shall be funds for a special project for purposes of 305(c) of the multifamily housing property reform act of 1994 DATE ( 42 u.s.c QUANTITY . 3547), provided that in such section 305(c) to or unit of local shall be deemed to include indian NORP purposes of this section, the definitions, and definitions in section 1004 LAW of the lead-based paint hazard reduction act of ( 42 u.s.c QUANTITY . 4851b DATE ), shall apply: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00811 fmt 6652 sfmt 6201 nonprofit; nonprofit terms and a corporation, community chest, fund, or not organized for profit, but organized and exclusively for religious, charitable, testing for public safety, literary, or purposes; or an organization not organized profit but operated exclusively for the promotion social welfare. public housing; public housing low-income terms housing and have the same meaning given such terms section 3(b CARDINAL ) of the united states housing act GPE of ( 42 u.s.c QUANTITY . 1437a(b CARDINAL )). tribally designated housing entity; terms designated and have the same given such terms in section 4 LAW of the native housing assistance and act of 1996 DATE ( 25 u.s.c QUANTITY . 4103). unit of general local term of general local has the meaning given such term in section 102 LAW of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00812 fmt 6652 CARDINAL sfmt 6201 and community development act of 1974 DATE u.s.c. 5302). secretary shall have the to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40103 DATE . unlocking possibilities program. addition to amounts available, there is appropriated to the secretary of and urban development for fiscal year 2022 DATE , out any money in the treasury ORG not otherwise $ 4,260,000,000 MONEY awarding planning under this section to develop and evaluate policy plans and substantially improve strategies; $ 20,000,000 MONEY for research and evaluation to housing policy planning and other associated $ 70,000,000 MONEY to provide technical assistance grantees or applicants for grants made available this section; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00813 fmt 6652 CARDINAL sfmt 6201 $150,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section, including information technology, reporting, research and evaluations, fair compliance, and other cross-program costs support of programs administered by the in this title; the secretary may transfer and amounts appropriated under this paragraph section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . program ORG secretary of and urban development shall establish a grant program planning grants to develop and evaluate policy plans and substantially improve strategies; streamlining regulatory requirements and processes, reform zoning codes, or other that reduce barriers to housing supply and affordability; developing and evaluating local or regional for urban development to substantially urban development strategies related to fair housing, and location efficiency; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00814 fmt 6652 CARDINAL sfmt 6201 CARDINAL implementation and livable community grants; and research and evaluation. planning secretary shall, selection criteria determined by the secretary, grants under this paragraph on a competitive to eligible entities to finance planning including engagement with community and housing practitioners, develop housing policy plans; substantially improve state or local strategies; develop new regulatory requirements processes, reform zoning codes, or other initiatives to reduce barriers to supply elasticity and affordability; develop local or regional plans for development; and substantially improve urban strategies, including strategies to increase and access to affordable housing, to access to public transportation or to other sustainable or development goals. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00815 fmt 6652 CARDINAL sfmt 6201 CARDINAL implementation and livable investment secretary shall implementation grants under this paragraph a competitive basis to eligible entities for the of completed housing strategies and policy plans and any planning to further fair housing within the meaning subsections (d) and (e) of section 808 LAW of the housing act ( 42 u.s.c QUANTITY . 608 CARDINAL ) and regulations and for community investments support the goals identified in such strategies or housing policy plans; new regulatory requirements and reformed zoning codes, or other to reduce barriers to housing supply and affordability that are consistent with plan under subparagraph (a); completed local or regional plans for development and any planning to availability and access to affordable access to public transportation and sustainable or location-efficient urban goals. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00816 fmt 6652 sfmt 6201 CARDINAL coordination with fta the extent practicable, the secretary shall coordinate the federal transit administrator in carrying out section. purposes of this section, the definitions apply: eligible term a state, insular area, metropolitan or urban county, as such terms are defined section 102 CARDINAL of the housing and community act of 1974 DATE ( 42 u.s.c QUANTITY . 5302); or for purposes of grants under (b)(1), a regional planning agency or housing policy plan; housing housing policy term policy means a plan of an entity to, with respect to the area within the of the eligible match the creation of housing to existing demand and projected growth in the area, with attention to displacement of residents, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00817 fmt 6652 CARDINAL sfmt 6201 the concentration of poverty, and reducing and not housing segregation on the basis of color, religion, natural origin, sex, or familial status; increase the affordability of in the area, increase the accessibility of in the area for people with including location-efficient housing, preserve or improve the quality of in the area; reduce barriers to housing in the area, with consideration for efficiency, affordability, and and coordinate with the metropolitan plan of the area under the of the eligible entity, or other plan. means the housing strategy under section 105 LAW of the cranston- national affordable housing act (42 12705). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00818 fmt 6652 CARDINAL sfmt 6201 CARDINAL costs to to 15 percent PERCENT of a grant may be used for administrative costs. rules of in except as otherwise by this section, amounts appropriated or made available under this section shall be to the community development block grant requirements under title i of the housing community development act of 1974 DATE (42 5301 et seq.). housing on new construction of housing shall be eligible expense under this section. buildings for general conduct government on building the general conduct of government, other the federal government, shall be eligible this section when necessary and as a part of a natural hazard mitigation secretary may waive or specify requirements for any provision of title i of the and community development act of 1974 DATE (42 5301 et seq.) or regulation for the administration 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00819 fmt 6652 CARDINAL sfmt 6201 the amounts made available under this section other requirements related to fair housing, labor standards, and the environment, upon a finding the waiver or alternative requirement is necessary to or facilitate the use of amounts made available this section. secretary shall have the to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40104 DATE . strengthening resilience under flood insurance program. program only to ( 2 CARDINAL ) and ( 3 CARDINAL ) and notwithstanding any other of law, all indebtedness of the of the federal emergency management under any notes or other obligations issued to section 1309(a) of the national flood act of 1968 DATE ( 42 u.s.c QUANTITY . 7 4016(a CARDINAL )) and 15(e DATE ) of the federal insurance act of 1956 DATE (42 2414(e)), and outstanding as of the date of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00820 fmt 6652 CARDINAL sfmt 6201 CARDINAL enactment of this act, is hereby canceled, the and the national flood insurance are relieved of all liability to the secretary of treasury ORG under any such notes or other including for any capitalized interest due such notes or other obligations and any other and charges payable in connection with such and obligations, and the total amount of notes obligations issued by the administrator to such section shall be considered to be reduced such amount for purposes of the limitation on total amount under such section. use of on and after 1, 2031 DATE , the administrator of the federal management agency shall use any accruing from the cancellation of debt under ( 1 CARDINAL ), including any amounts of interest avoided from such cancellation, only for in and use under the national flood reserve ORG fund under section 1310a DATE of the flood insurance act of 1968 DATE ( 42 u.s.c QUANTITY . treatment of canceled of the indebtedness canceled under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00821 DATE fmt 6652 sfmt 6201 DATE ( 1 CARDINAL ) may be treated as a public debt of the states. flood hazard mapping and risk addition to amounts otherwise available, there appropriated to the administrator of the federal management agency for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until expended, for expenses for flood hazard mapping and risk which shall be in addition to, and shall amounts otherwise available for those including amounts appropriated to the flood insurance fund established under 1310 DATE of such act ( 42 u.s.c QUANTITY . 4017); and any funds provided to the administrator by and governments under of such act ( 42 u.s.c QUANTITY . 4101(f)(2 CARDINAL )). means-tested assistance for national insurance program addition to amounts available, there is appropriated to the of the federal emergency management for fiscal year 2022 DATE , out of any money in the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00822 fmt 6652 CARDINAL sfmt 6201 to remain available until september 2026 DATE , to carry out a means-tested program which the administrator provides assistance eligible policyholders in the form of graduated for insurance costs with respect to covered terms and administrator shall funds provided under this subsection to graduated discounts available to eligible under this subsection, with respect covered properties, which may be based on following factors: the percentage by which the income of the eligible is equal to, or less than, 120 CARDINAL of the area median income for the in which the property to which the applies is located. the number of eligible participating in the program under this subsection. the availability of funding. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00823 DATE fmt 6652 CARDINAL sfmt 6201 any other factor that the finds reasonable and necessary to out the purposes of this subsection distribution of to the amount of the discounts provided this subsection in a fiscal year DATE , and any expenses incurred in carrying this subsection for that fiscal year DATE , the shall, from amounts made available carry out this subsection for that fiscal year DATE , in the national flood insurance fund under section 1310 DATE of the national insurance act of ORG 1968 DATE ( 42 u.s.c QUANTITY . 4017) amount equal to those discounts and expenses, except to the extent that 1310a DATE of the national flood insurance of 1968 DATE ( 42 u.s.c QUANTITY . 4017a) applies to any of those discounts or administrative in which case the administrator shall an amount equal to those amounts to such section 1310a DATE applies in the flood insurance reserve fund under such section 1310a DATE . requirement on later 21 months DATE after the date of the enactment 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00824 fmt 6652 sfmt 6201 this section, the administrator shall issue guidance to implement this subsection shall expire on the later the date DATE that is 60 months after date DATE of the enactment of this section; the date on which a final rule to implement this subsection takes this subsection: term means the administrator of the emergency management agency. covered term a primary residential dwelling for the occupancy of from 1 to 4 CARDINAL or personal property relating to a described in clause (i). eligible term means a policyholder a household income that is not more than percent PERCENT of the area median income for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00825 DATE fmt 6652 sfmt 6201 in which the property to which the policy is located. insurance term means, with respect to a covered for a risk premiums and fees estimated section 1307 of the national flood act of 1968 DATE ( 42 u.s.c QUANTITY . 4014) charged under section 1308 LAW of such ( 42 u.s.c QUANTITY . 4015 DATE ); surcharges assessed under sections and 1308a DATE of such act ( 42 u.s.c QUANTITY . 4015a DATE ); and any amount established under 1310a(c) of such act (42 u.s.c. fund. 40105 CARDINAL . community restoration and addition to amounts available, there is appropriated to the community and revitalization fund established under (b) for fiscal year 2022 DATE , out of any money in treasury not otherwise $ 5,700,000,000 MONEY for awards of planning and grants to eligible recipients to carry 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00826 fmt 6652 sfmt 6201 CARDINAL community-led projects to stabilize and increase access to economic opportunity residents by creating equitable civic and creating or preserving affordable, accessible $ 500,000,000 MONEY for awards of grants to recipients to create, expand, and maintain land trusts and shared equity including through the acquisition, and new construction of affordable, accessible $ 1,000,000,000 MONEY for the secretary to provide assistance, capacity building, program to applicants, potential applicants, and of amounts appropriated for grants under this and $ 300,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section, including information technology, reporting, research and evaluations, fair compliance, and other cross-program costs support of programs administered by the in this title; the secretary may transfer and amounts appropriated under this paragraph section 40301 LAW . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00827 fmt 6652 sfmt 6201 appropriated by this section shall remain until september 30, 2031 DATE . establishment of secretary of and urban development (in this section referred as the shall establish a community and revitalization fund (in this section referred as the to award planning and implementation on a competitive basis to eligible recipients as in this section for activities authorized under title of the housing and community development act of ( 42 u.s.c QUANTITY . 5301 CARDINAL et seq.) for community-led projects create civic infrastructure to support a economic, and civic fabric, create fair, affordable accessible housing opportunities, prevent residential acquire and remediate blighted properties, promote quality job creation and retention. geographical secretary award grants from the fund to eligible within geographical areas at the neighborhood, census tract, or census tract level, including tracts adjacent to the project area that are in need of investment, and that have at least of the following indicators: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00828 DATE fmt 6652 sfmt 6201 CARDINAL dwelling unit sales prices that are than the cost to acquire and rehabilitate, build, a new dwelling unit. high proportions of residential and properties that are vacant due to eviction, abandonment, or other low rates of homeownership. disparities in racial and ethnic rates. high and persistent rates of poverty. high rates of unemployment and population at risk of displacement due rising housing costs. historic population loss. lack of private sector lending on fair competitive terms for individuals to homes or start small businesses. other indicators of economic distress. eligible recipients and eligible eligible recipient a grant under subsection (b)(1) shall be a local of a lead applicant and one CARDINAL or more applicants with the ability to administer the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00829 DATE fmt 6652 sfmt 6201 an eligible recipient of a grant under (b)(2) shall be a lead applicant with the to administer the grant, including a regional or nonprofit, that may include a joint lead eligible lead for a grant awarded under this section shall a nonprofit organization demonstrates a commitment to efforts and has expertise community planning, engagement, housing and community or neighborhood revitalization; and is located within or serves the area of the project or that its mission and operational priorities the needs of the geographical area of project; or if the geographical area of the project located in any area where no such local organization exists, a national nonprofit with such expertise; a community development corporation, is located within or serves the geographical 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00830 DATE fmt 6652 CARDINAL sfmt 6201 of the project and can demonstrate a track of making the area of the project, and demonstrates commitment to anti-displacement efforts; a community housing development defined in section 104 LAW of the national affordable housing act u.s.c. 12704 DATE ) or a community-based organization, that is located within or the geographical area of the project and in neighborhood revitalization, economic development, housing activities, and demonstrates a to anti-displacement efforts; or a community development financial as defined by section 103 LAW of the community development and regulatory act of 1994 DATE ( 12 u.s.c QUANTITY . 4702 CARDINAL ), is located within or serves the geographical of the project, demonstrates a commitment anti-displacement efforts, and has a track of making investments in the geographic area. joint joint applicant shall a local, regional or national entity that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00831 fmt 6652 CARDINAL sfmt 6201 an organization that qualifies as a lead a unit of general local government, as in section 102 LAW of the housing and development act of 1974 DATE ( 42 u.s.c QUANTITY . an indian NORP tribe, as defined in section of the housing and community act of 1974 DATE ( 42 u.s.c QUANTITY . 5302); a nonprofit organization; a community development corporation; an anchor institution; a state housing finance agency (as term is defined in section 106(h) of the and urban development act of 1968 DATE u.s.c. 1701x(h))) or a related state a land bank; a fair housing enforcement organization such term is defined in section 561 LAW of the and community development act of ( 42 u.s.c QUANTITY . 3616a)); a public housing agency (as such term defined in section 3(b LAW ) of the united states GPE act of 1937 DATE ( 42 u.s.c QUANTITY . 1437a(b CARDINAL ))); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00832 CARDINAL fmt 6652 sfmt 6201 a community development financial as defined by section 103 LAW of the community development and regulatory act of 1994 DATE ( 12 u.s.c QUANTITY . 4702 CARDINAL ); or a philanthropic organization. eligible in awarded under this may be used to support civic infrastructure housing-related activities. projects must include least one civic infrastructure and at least one CARDINAL activity. grants under this section may be used for civic and housing-related activities, fair housing planning, to affirmatively fair housing; planning to prevent displacement of extremely-low, very-low, low- and homeowners, renters, and people homelessness; community planning and outreach; neighborhood engagement with leaders and community groups; pre-development activities; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00833 fmt 6652 CARDINAL sfmt 6201 CARDINAL community engagement processes; market analysis; financial planning and feasibility; and site surveys. implementation grants awarded under this section may be used activities eligible under section 105 LAW of the and community development act of 1974 DATE (42 5305) and other activities to support civic and housing-related activities, new construction of housing; demolition of abandoned or distressed but only if such activity is part of a that incorporates rehabilitation or new anti-displacement efforts such as right to return and right of first ORDINAL to purchase, and efforts to increase accessible housing and except that not more than 10 percent PERCENT of grant made under this section may be used activities under this subparagraph unless secretary determines that such use is to the of existing residents; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00834 fmt 6652 CARDINAL sfmt 6201 facilitating the creation, maintenance, availability of rental units, including units in properties, affordable and accessible a household whose income does not exceed percent of the median income for the area, determined by the secretary, for a period of less than 30 years DATE ; facilitating the creation, maintenance, availability of homeownership units and accessible to households whose incomes not exceed 120 percent PERCENT of the median for the area, as determined by the establishing or operating land banks; providing assistance to existing experiencing economic distress or at risk displacement, including purchasing mortgages and clearing and obtaining title. community land trust recipient of a community land trust grant under this section may use such grant for to support civic infrastructure, including production, acquisition, and rehabilitation of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00835 fmt 6652 CARDINAL sfmt 6201 for use in a community land trust or shared homeownership program, and expanding the of the recipient to carry out the grant. costs of to 20 percent PERCENT of grant may be used for administrative rules of as otherwise by this section, amounts appropriated or made available under this section shall be subject to community development block grant program under title i of the housing and community act of 1974 DATE ( 42 u.s.c QUANTITY . 5301 CARDINAL et seq.). secretary may waive or specify requirements for any provision of title i of the and community development act of 1974 DATE (42 5301 et seq.) or regulation for the administration the amounts made available under this section other requirements related to fair housing, labor standards, and the environment, upon a finding the waiver or alternative requirement is necessary to or facilitate the use of amounts made available this section. purposes of this section, the definitions shall apply: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00836 fmt 6652 sfmt 6201 anchor term means a school, a library, a healthcare a community college or other institution of education, museum or cultural institution, or community support organization or entity. community land land means a nonprofit or state or local governments or use a ground lease or deed covenant an affordability period of at least 30 years DATE more make rental and homeownership affordable to households; and stipulate a preemptive option to the affordable rentals or units so that the affordability of units is preserved for successive households; and monitor properties to ensure is preserved. land term a government entity, agency, or program, or special purpose nonprofit entity formed by one CARDINAL or units of government in accordance with state 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00837 fmt 6652 sfmt 6201 local land bank enabling law, that has been by one CARDINAL or more state or local governments acquire, steward, and dispose of vacant, or other problem properties in accordance locally-determined priorities and goals. shared equity homeownership term equity homeownership means a program to facilitate affordable preservation through a resale program administered by a community land other nonprofit organization, or state or local or instrumentalities and that utilizes a lease, deed restriction, subordinate loan, or legal mechanism that includes provisions that the program maintain the home as affordable for very low-, low-, or moderate-income for an affordability term of at least 30 CARDINAL after recordation; apply a resale formula that limits the proceeds upon resale; and provide the program administrator or assignee a preemptive to purchase the homeownership unit from homeowner at resale. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00838 fmt 6652 CARDINAL sfmt 6201 40106 DATE . fair housing activities and addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 770,000,000 MONEY for the fair housing program under section 561 LAW of the housing and development act of 1987 DATE ( 42 u.s.c QUANTITY . to ensure existing and new fair housing have expanded and strengthened to address fair housing inquiries and complaints, local, regional, and national testing and conduct education and outreach and address costs of delivering or adapting to meet increased housing market activity evolving business practices in the housing, and lending markets. amounts made under this section shall support greater continuity and capacity, up to 10-year DATE grants; and $ 230,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the fair housing initiatives and housing assistance programs generally, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00839 fmt 6652 CARDINAL sfmt 6201 CARDINAL information technology, financial reporting, and evaluations, other cross-program costs in of programs administered by the secretary this title, and other costs. the secretary may and merge amounts set aside under this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40107 DATE . intergovernmental fair housing and investigations. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 184,000,000 MONEY for support for cooperative with state and local agencies administering housing laws under section 817 LAW of the fair 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00840 CARDINAL fmt 6652 CARDINAL sfmt 6201 act ( 42 u.s.c QUANTITY . 3616) to assist the to affirmatively further fair housing, and for housing assistance program cooperative with interim certified and certified state and agencies, under the requirements of subpart c part 115 CARDINAL of title 24 CARDINAL , code of federal regulations, ensure expanded and strengthened capacity of equivalent agencies to assume a greater of the responsibility for the administration and of fair housing laws; the secretary may and merge amounts appropriated by this to section 40301; and $ 66,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the fair housing assistance and housing initiatives programs generally, information technology, financial reporting, and evaluations, other cross-program costs in of programs administered by the secretary this title, and other costs; the secretary may and merge amounts appropriated by this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00841 fmt 6652 CARDINAL sfmt 6201 DATE secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40201 DATE . first ORDINAL -generation downpayment addition to amounts available, there is appropriated to the first ORDINAL downpayment fund established under subsection (b) fiscal year 2022 DATE , out of any money in the treasury ORG otherwise $ 6,825,000,000 MONEY for the first ORDINAL -generation assistance fund under this section allocation among states that the secretary of and urban development has not found to out of compliance with the obligation to further fair housing, in accordance with a established by the secretary, which shall take consideration adult population size excluding median area home prices, and racial 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00842 fmt 6652 sfmt 6201 in homeownership rates, to carry out the uses of the fund as described in subsection $ 2,275,000,000 MONEY for the first ORDINAL -generation assistance program under this for competitive grants to eligible entities that secretary has not found to be out of compliance the obligation to affirmatively further fair to carry out the eligible uses of the fund as in subsection (d); $ 500,000,000 MONEY for the costs of providing counseling required under the downpayment assistance program under (c)(1); and $ 400,000,000 MONEY for the costs to the secretary administering and overseeing the implementation the first ORDINAL -generation downpayment assistance including information technology, financial programmatic reporting, ensuring fair and fair lending compliance, research and technical assistance to recipients of under this section, and other cross-program in support to programs administered by the in this act, and other costs; the secretary 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00843 fmt 6652 CARDINAL sfmt 6201 transfer and merge accounts set aside under clause to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . secretary of housing urban development shall establish and manage a to be known as the first ORDINAL generation downpayment (in this section referred to as the for the set forth in subsection (d). allocation of initial secretary shall and award funding provided by subsection as provided under such subsection not later than months DATE after the date of the enactment of this reallocation of a state or entity does not demonstrate the capacity to grant funds provided under this section, the shall reallocate the grant funds of such among states and eligible entities that to the secretary the capacity to expend amounts and that are satisfactorily meeting the of this section. terms and conditions of grants or awarded from 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00844 fmt 6652 sfmt 6201 uses of and eligible receiving grants from the fund use such grants to provide assistance behalf of a qualified homebuyer who has a program of housing counseling entering into a sales purchase agreement, the secretary shall require, provided through housing counseling agency approved by the costs in connection with the involving an eligible mortgage loan, an eligible home, including costs, closing costs, and costs to the rates of interest on eligible loans; subsidies to make shared equity affordable to eligible homebuyers by the price for which the home be sold and to preserve the for subsequent homebuyers; and pre-occupancy home modifications may be necessary to meet required standards or accommodate homebuyers or members of their with disabilities; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00845 DATE fmt 6652 CARDINAL sfmt 6201 use not more than 10 percent PERCENT of their allocation or award for administrative and training for carrying out the program the state or eligible entity to provide with such grant amounts, as well as to the capacity to track and monitor outcomes in consultation with community- and nonprofit organizations that have as mission to advance fair housing and fair and comply with the obligation to further fair housing, as defined by the to implement section 808(e)(5) of the housing act ( 42 u.s.c QUANTITY . 3608(e)(5)), in program or activity related to the use of funds. amount and layering of under this may be provided to or on behalf of any homebuyer only once; may not exceed the greater of $ 20,000 MONEY 10 percent PERCENT of the purchase price in the case a qualified homebuyer, not to include received under subsection (d)(1)(a)(iii) for related home modifications, except 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00846 fmt 6652 CARDINAL sfmt 6201 the secretary may increase such maximum amounts in the case of a qualified who is economically disadvantaged; may be provided to or on behalf of a homebuyer who is receiving assistance other sources, including other state, private, public, and nonprofit for acquisition of an eligible home. prohibition of selecting homebuyers for assistance with grant under this section, a state or eligible entity not provide any priority or preference for who are acquiring eligible homes with a loan made, insured, guaranteed, or otherwise by the state housing finance agency for the any other housing agency of the state, or an entity when applicable. repayment of secretary shall that, if a homebuyer to or on behalf of assistance provided grant under this section fails or ceases to the property acquired using such as the primary residence of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00847 fmt 6652 CARDINAL sfmt 6201 except in the case of assistance is in connection with the purchase of a residence through a shared equity program, the homebuyer shall repay the state or eligible entity, as applicable, in proportional amount of the assistance the receives based on the number of they have occupied the eligible home up 5 years DATE , except that no assistance shall be if the qualified homebuyer occupies the home as a primary residence for 5 years DATE more. (a), a homebuyer to or on behalf of assistance provided grant under this section shall not be liable to state or eligible entity for the repayment of amount of such shortage if the homebuyer or ceases to occupy the property acquired such assistance as the principal residence the homebuyer at least in part because of a such as death or military deployment; financial hardship, such as a significant in income, or increase in medical relocation for a reason related to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00848 fmt 6652 sfmt 6201 violence, dating violence, sexual assault, stalking, as defined in the violence against act; or relocation for a reason related the homebuyer or a member of the disabilities; or another hardships based criteria established by the secretary, or sells property acquired with such assistance the expiration of the 60-month DATE period on such date of acquisition and the gains from such sale to a bona fide in an length transaction are less the amount the homebuyer is required to the state or eligible entity under (a). community land trusts and shared homeownership assistance grant amounts under this section is provided in with an eligible home made available a community land trust or shared equity program, such assistance shall in the community land trust or shared equity upon transfer of the property to keep the affordable to the next eligible community land or shared equity homebuyer. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00849 fmt 6652 CARDINAL sfmt 6201 DATE reliance on borrower additional documentation beyond the shall be required to demonstrate under subparagraphs (b) and (c) of (e)(6) and no state, eligible entity, or shall be subject to liability, including monetary or requirements to indemnify a federal or repurchase a loan that has been sold or based on the provision of assistance this section to or on behalf of a borrower who not meet the eligibility requirements under such if the creditor does so in good faith on borrower attestations of eligibility under such subparagraphs. secretary may require reporting of such information on the use of provided from the fund as the secretary may to carry out this subsection. purposes of this section, the definitions shall apply: community land land means a nonprofit or state or local government, agencies or thereof, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00850 fmt 6652 sfmt 6201 use a ground lease or deed covenant an affordability period of at least 30 years DATE make homeownership units to households; and stipulate a preemptive option to the affordable homeownership so that the affordability of the units preserved for successive income-eligible and is preserved. monitor properties to ensure eligible term a minority depository institution, as term is defined in section 308 LAW of the institutions reform, recovery, and act of 1989 DATE ( 12 u.s.c QUANTITY . 1463 DATE note); a community development financial as such term is defined in section 103 LAW the riegle community development and improvement act of 1994 DATE ( 12 4702 CARDINAL ), that is certified by the secretary the treasury ORG and targets services to and socially disadvantaged populations 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00851 fmt 6652 CARDINAL sfmt 6201 provides services in neighborhoods having concentrations of minority, low-income and disadvantaged populations; and any other nonprofit, mission-driven that the secretary finds has a track record providing assistance to homeowners, targets to low-income and socially populations, and provides services having high concentrations of low-income, or socially disadvantaged eligible means a residential dwelling, including a unit a condominium or cooperative project or a housing unit, consists of 1 CARDINAL to 4 CARDINAL dwelling units; and will be occupied by the qualified in accordance with such assurances and as the secretary shall require, as primary residence of the homebuyer. eligible mortgage term mortgage means a single-family mortgage loan meets the underwriting requirements dollar amount limitations for acquisition by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00852 CARDINAL fmt 6652 sfmt 6201 DATE federal national mortgage association ORG or federal home loan mortgage corporation; is made, insured, or guaranteed under program administered by the secretary; is made, insured, or guaranteed under v of the housing act of 1949 DATE ( 42 u.s.c QUANTITY . et seq.); is a qualified mortgage, as such term defined in section 129c(b)(2) of the truth in act ( 15 u.s.c QUANTITY . 1639c(b)(2)); or is made, insured, or guaranteed for the of a veteran. first ORDINAL generation means a that is, as attested by the an whose parents or do not, to the best of the knowledge, have any present fee ownership interest in a principal in any state, excluding of heir property; who, if no parents or legal are living upon acquisition of the home to be acquired using such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00853 fmt 6652 CARDINAL sfmt 6201 to the best of the their parents or legal guardians did have any ownership interest in a residence in any state at the time of death, excluding ownership of heir and whose spouse or domestic partner not, during the 3-year DATE period ending acquisition of the eligible home to be using such assistance, had any ownership interest in a principal in any state, excluding of heir property, whether the is a co-borrower on the loan or not; an individual who has at any time placed in foster care or institutional care spouse or domestic partner has not, the 3-year DATE period ending upon acquisition of eligible home to be acquired using such had any ownership interest in a residence in any state, excluding of heir property, whether such individuals co-borrowers on the loan or not. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00854 fmt 6652 sfmt 6201 means a having an annual household income is less than or equal 120 percent PERCENT of median income, as by the secretary, the area in which the home to acquired using such assistance is or or the area in which the place residence of the homebuyer is 140 percent PERCENT of the median income, determined by the secretary, for the within which the eligible home to be using such assistance is located if homebuyer acquiring an eligible located in a high-cost area; who is a first ORDINAL -time homebuyer, as such is defined at 42 u.s.c QUANTITY . 12704 DATE , except that of heir property shall not be treated owning a home for purposes of determining a borrower qualifies as a first ORDINAL -time and who is a first ORDINAL -generation homebuyer. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00855 DATE fmt 6652 sfmt 6201 term means secretary of housing and urban development. shared equity homeownership in term homeownership means affordable preservation through a resale program administered by a land trust, other nonprofit organization, or or local government or instrumentalities. affordability such program under subparagraph (a) provide affordable homeownership to households; and utilize a ground lease, deed subordinate loan, or similar legal that includes provisions that the program maintain the homeownership as affordable for subsequent very low-, or moderate-income for an affordability term of at 30 years DATE after recordation; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00856 fmt 6652 CARDINAL sfmt 6201 CARDINAL apply a resale formula that the proceeds upon and provide the program or such a preemptive option to the homeownership unit from homeowner at resale. term means any of the united states GPE , the district of columbia, commonwealth ORG of puerto rico GPE , the united virgin islands, guam GPE , the commonwealth ORG of northern mariana LOC islands, and american NORP heir term means residential property for which title by operation of law through intestacy and is by two CARDINAL or more heirs as tenants in common. secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00857 fmt 6652 sfmt 6201 40202 DATE . wealth-building home loan program. addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any amounts in the treasury ORG not otherwise $ 480,000,000 MONEY to the secretary of housing urban development for carrying out the established under subsection (b) and programs the federal housing administration and the national mortgage association ORG generally, information technology, financial other cross-program costs in support of administered by the secretary in this act, costs, and for the cost of guaranteed loans and obligations; and $ 20,000,000 MONEY to the secretary of agriculture carrying out the program established under (b) and programs of the rural housing generally, including information technology financial reporting in support of the program by the secretary of agriculture in this other costs, and for the cost of guaranteed and other obligations. appropriated by this section shall remain until september 30, 2031 DATE . establishment of lift home 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00858 fmt 6652 CARDINAL sfmt 6201 in is established in each guarantee agency a fund to be known as the home fund, into which amounts under this section shall be deposited and shall be used by each department for carrying the purposes of this section. management of lift fund of each loan guarantee agency shall administered and managed by the respective who shall establish reasonable and prudent for the management and operation of any in the fund. use of transfer of amounts to portions of the appropriation to the secretary housing and urban development shall be by the secretary of housing and urban to the department of the treasury in an equal to, as determined by the secretary of treasury ORG , in consultation with the secretary of and urban the amount the secretary of the estimates to be necessary for the purchase securities under the program during the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00859 fmt 6652 CARDINAL sfmt 6201 for which the funds are intended to be the difference the secretary of the from the sale or other disposition of acquired under the program; the secretary of the in purchasing such securities; and the department of the expenses related to the program. credit portion of the to each secretary as may be necessary be used for the cost to the respective loan agency of guaranteed loans under this such costs, including the costs of modifying loans, shall be as defined in section 502 LAW of the budget act of 1974 DATE ( 2 u.s.c QUANTITY . 661a). establishment of the lift home secretary shall establish, and carry out, respect to any mortgage with a case number issued or before december 31, 2025 DATE , that is subsequently or guaranteed by such secretary, a program to covered mortgage loans available to eligible to purchase a single-family residence for use as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00860 fmt 6652 CARDINAL sfmt 6201 CARDINAL principal residence (referred to in this section as the under the secretary of the shall act as a purchaser, on behalf of secretary of housing and urban of securities that are secured by covered loans; may designate financial institutions, banks, savings associations, trust security brokers or dealers, asset investment advisers, and other and such institutions perform all reasonable duties to this section as a financial agent of united states GPE as may be required; and be paid for such duties using available to the secretary of treasury ORG to reimburse financial in their capacity as financial agents the united states GPE ; may use the services of any agency or of the united states GPE or thereof on a reimbursable basis, and any agency or instrumentality or component is authorized to provide services as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00861 fmt 6652 sfmt 6201 by the secretary using all authorities in or delegated to that agency, or component; may manage, and exercise any rights in connection with, any financial or assets purchased or acquired to the authorities granted under this may establish and use vehicles to hold, and sell financial instruments and assets; and may issue such regulations and other as may be necessary or appropriate to out the authorities or purposes of this each secretary of a loan guarantee agency establish pricing terms for covered loans such that the covered mortgage carry a monthly DATE mortgage payment of and interest that is not more than 110 CARDINAL and not less than 100 percent PERCENT of the payment of principal, interest, and mortgage insurance premium or loan fee associated with a newly 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00862 fmt 6652 CARDINAL sfmt 6201 CARDINAL 30-year DATE mortgage loan with the same balance insured or guaranteed by the loan agency as determined by each or such pricing terms as are determined each secretary to be necessary to develop for securities backed by covered loans and expand program participation eligible homebuyers; and establish an outreach and counseling to increase stakeholder awareness of program; and the secretary of housing and urban in consultation with the secretary of establish the pricing terms for the of securities guaranteed by the secured by covered mortgage loans such the covered mortgage loans carry a mortgage payment of principal and interest is not more than 110 percent PERCENT and not less 100 percent PERCENT of the monthly DATE payment of interest, and periodic mortgage premium or loan guarantee fee associated a newly originated 30-year DATE mortgage loan the same loan balance insured or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00863 CARDINAL fmt 6652 CARDINAL sfmt 6201 by the loan guarantee agency, or such terms as are determined by the to be necessary to develop liquidity for backed by covered mortgage loans expand program participation by eligible have the authority to designate bankers, financial institutions, including savings associations, trust companies, brokers or dealers, asset managers, advisers, and other institutions and institutions perform all reasonable duties to this section as an agent of the states as may be required; and be paid for such duties using available under this section to secretary of housing and urban to reimburse these entities in capacity as agents of the united have the authority to use the services any agency or instrumentality of the united or component thereof on a reimbursable and any such agency or instrumentality 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00864 fmt 6652 sfmt 6201 CARDINAL component thereof is authorized to provide as requested by the secretary of and urban development using all vested in or delegated to that agency, or component; operate the program in coordination the association, the federal housing the rural housing service, and secretary of the treasury ORG so as to feasibility and workability to market originators and servicers of and issuers of mortgage-backed investors; and gain price discovery experience by the secretary of the treasury, consultation with the secretary of to sell acquired securities described in (a) as soon as practicable, thereby the development of liquidity for backed by covered mortgage loans. limitation on aggregate loan aggregate original 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00865 fmt 6652 CARDINAL sfmt 6201 CARDINAL obligation of all covered mortgage loans under section for each loan guarantee agency may exceed $ 5,000,000,000 MONEY . gnma guarantee carry the purposes of this section, the association may into new commitments to issue guarantees of based on or backed by mortgages insured this section, not exceeding $ 10,000,000,000 MONEY . gnma guaranty PERSON carry out the of this section, the association may collect fees consistent with section 306(g)(1 LAW ) of national housing act ( 12 u.s.c QUANTITY . 1721(g)(1 CARDINAL )) are paid at securitization. this section: term the government national mortgage covered mortgage in term means, for purposes of the established by the secretary of housing urban development, a mortgage is insured or guaranteed by the housing administration pursuant 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00866 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL section 203(b) of the national housing subject to the eligibility criteria set in this subsection, and has a case issued on or before december 31 DATE , is made for an original term of 20 CARDINAL or for an original term determined the secretary to be necessary to develop for securities backed by covered loans and expand program by eligible homebuyers; subject to subparagraph (c) of paragraph and notwithstanding 203(b)(2)(c) of the national housing ( 12 u.s.c QUANTITY . 1709(b)(2)(c DATE )), has a insurance premium of not more 4 percent of the loan balance that is at closing, financed into the principal of the loan, paid through an premium, or a combination thereof; involves a rate of interest that is over the term of the mortgage loan; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00867 fmt 6652 sfmt 6201 is secured by a single-family that is the principal residence of an homebuyer. the term mortgage for purposes of the program established the secretary of agriculture, a loan under section 502(h) of the housing act 1949 DATE ( 42 u.s.c QUANTITY . 1472(h)) of the housing act of 1949 DATE u.s.c. 1472(h)(7)(a)), is made for an term of 20 years DATE or for an original determined by the secretary to be to develop liquidity for securities by covered mortgage loans and program participation by eligible and subject to subparagraph (c) of paragraph and notwithstanding 502(h)(8)(a) of the housing act of ( 42 u.s.c QUANTITY . 1472(h)(8)(a)), has a guarantee fee of not more than 4 CARDINAL of the principal obligation of the loan. waiver of mortgage insurance secretary, in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00868 fmt 6652 CARDINAL sfmt 6201 with the secretary of the treasury, notwithstanding section 502(h)(8)(a) of housing act of 1949 DATE u.s.c. for purposes of the program by the secretary of agriculture, may the mortgage insurance premium cap or guarantee fee cap under subparagraphs and (b)(ii) with respect to covered loans insured or guaranteed by the guarantee agency of which that is the head if necessary to protect the of the associated insurance fund. otherwise specified, term means the department of and urban development or the department agriculture, as appropriate. eligible term means an individual for purposes of the program by the secretary of housing and urban has an annual household income is less than or equal 120 percent PERCENT of median income the area, as determined by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00869 fmt 6652 CARDINAL sfmt 6201 CARDINAL of housing and urban the area in which the to be acquired using such is located; or the area in which the of residence of the is located; or if the homebuyer is acquiring eligible home that is located in a area, 140 percent PERCENT of the income, as determined by the for the area within which eligible home to be acquired using provided under this section located; is a first ORDINAL -time homebuyer, as in paragraph ( 6 CARDINAL ) of this subsection; (iii) is a first ORDINAL -generation as defined in paragraph ( 5 CARDINAL ) of this for purposes of the program by the secretary of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00870 fmt 6652 CARDINAL sfmt 6201 meets the applicable requirements section 502(h) of the housing act of (42 u.s.c. 1472(h)); and is a first ORDINAL -time homebuyer as in paragraph ( 6 CARDINAL ) of this subsection a first ORDINAL -generation homebuyer as in paragraph ( 5 CARDINAL ) of this subsection. first ORDINAL -generation means a that, as attested by the homebuyer, an whose parents or do not, to the best of the knowledge, have any present fee ownership interest in a principal in any state, excluding of heir property; if no parents or legal guardians living upon acquisition of the eligible to be acquired using such assistance, the best of the knowledge, parents or legal guardians did not any ownership interest in a principal in any state at the time of their 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00871 fmt 6652 sfmt 6201 excluding ownership of heir and whose spouse, or domestic has not, during the 3-year DATE period upon acquisition of the eligible home to acquired using such assistance, had any ownership interest in a principal in any state, excluding of heir property, whether the is a co-borrower on the loan or not; an individual who has at any time placed in foster care or institutional care spouse or domestic partner has not, the 3-year DATE period ending upon acquisition of eligible home to be acquired using such had any ownership interest in a residence in any state, excluding of heir property, whether such individuals co-borrowers on the loan or not. first ORDINAL -time term means a homebuyer as defined in 104 CARDINAL of the cranston PERSON -gonzalez national housing act ( 42 u.s.c QUANTITY . 12704 DATE ), except ownership of heir property shall not be treated 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00872 DATE fmt 6652 CARDINAL sfmt 6201 owning a home for purposes of determining a borrower qualifies as a first ORDINAL -time heir term means residential property for which title by operation of law through intestacy and is by two CARDINAL or more heirs as tenants in common. loan guarantee specified, the term guarantee the federal housing administration of the of housing and urban development or rural housing service of the department of as appropriate. otherwise specified, term means the secretary of and urban development or the secretary of as appropriate. reliance on borrower documentation beyond the shall be required to demonstrate eligibility under (4) of subsection (e) and no state, eligible or creditor shall be subject to liability, including penalties or requirements to indemnify a federal or repurchase a loan that has been sold or based on the provision of assistance under this 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00873 fmt 6652 CARDINAL sfmt 6201 to a borrower who does not meet the eligibility under paragraph ( 4 CARDINAL ) of subsection (e) if the does so in good faith reliance on borrower of eligibility required under such paragraph. secretary of housing urban development, the secretary of agriculture, the secretary of treasury ORG shall have authority to issue regulations or other notices, guidance, forms, and publications as may be necessary or to carry out the programs, projects, or activities under this section, including to ensure that such projects, or activities are completed in a timely effective manner. 40203 DATE . hud ORG -insured small dollar mortgage program. addition to amounts available, there is appropriated to the secretary of and urban development (in this section referred as the for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 76,000,000 MONEY for a program to increase to small-dollar mortgages, as defined in (b), which may include payment of incentives lenders, adjustments to terms and costs, financial assistance, technical assistance to 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00874 DATE fmt 6652 CARDINAL sfmt 6201 and certain financial institutions to help loans, lender and borrower outreach, and activities; $ 10,000,000 MONEY for the cost of insured or loans, including the cost of modifying loans, defined in section 502 LAW of the congressional act of 1974 DATE ( 2 u.s.c QUANTITY . 661a); and $ 14,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and programs in the office of generally, including information technology, reporting, research and evaluations, fair compliance, and other cross-program costs in of programs administered by the secretary this title, and other costs; the secretary may and merge amounts appropriated by this to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . small-dollar purposes of section, the term means a mortgage or less; has an original principal balance of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00875 fmt 6652 CARDINAL sfmt 6201 is secured by a one- to four CARDINAL -unit property is the principal residence; and is insured by the secretary pursuant to title of the national housing act ORG ( 12 u.s.c QUANTITY . 1707 CARDINAL et or guaranteed by the secretary pursuant to 184 CARDINAL or 184a CARDINAL of the housing and community act of 1992 DATE ( 12 u.s.c QUANTITY . 1715z-13a, secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40204 DATE . investments in rural homeownership. addition to amounts available, there is appropriated to the secretary of (in this section referred to as the out of any money in the treasury ORG not otherwise $ 70,000,000 MONEY for direct loans made under 502 of the housing act of 1949 DATE ( 42 u.s.c QUANTITY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00876 fmt 6652 CARDINAL sfmt 6201 $95,000,000 MONEY for providing single family repair grants under section 504 of the act of 1949 LAW ( 42 u.s.c QUANTITY . 1474 DATE ), subject to terms and conditions in subsection (b) of this $ 25,000,000 MONEY for grants under section 523 LAW the housing act of 1949 DATE ( 42 u.s.c QUANTITY . 1490c DATE ); and $ 10,000,000 MONEY for administrative expenses of secretary that in whole or in part support funded by this section and related activities. appropriated by this section shall remain until expended. terms and for grants from made available by subsection (a)(2) shall be subject section of title 7 CARDINAL , code of federal regulations. the limitations in 3550.102(a CARDINAL ) of title 7 CARDINAL , code of federal grants from amounts made available by (a)(2) shall be available for the eligible in section 3550.102(b LAW ) of title 7 CARDINAL , code of regulations. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00877 fmt 6652 sfmt 6201 40205 DATE . self-help homeownership opportunity addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any amounts in treasury not otherwise appropriated, to the secretary housing and urban $ 49,500,000 MONEY for grants under section 11 LAW of housing opportunity program extension act of ( 42 u.s.c QUANTITY . 12805 DATE note); and $ 500,000 MONEY for costs to the secretary of and overseeing the implementation of section, including information technology, reporting, research and evaluations, fair lending and other cross-program costs in of programs administered by the secretary in title, and other costs. appropriated by this section shall remain until september 30, 2031 DATE . and community building 40301 CARDINAL . program administration, training, assistance, capacity building, usich. addition to amounts available, there is appropriated for fiscal year 2022 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00878 fmt 6652 CARDINAL sfmt 6201 of any money in the treasury ORG not otherwise $ 1,985,000,000 MONEY to the secretary of housing urban development the costs to the secretary of and overseeing the implementation of title and the programs including information technology, of housing units, research and evaluation, reporting, and other costs; and new awards or increasing prior awards provide training, technical assistance, and building related to the including direct program support to recipients throughout the country, insular areas, that require such assistance daily DATE operations; $ 5,000,000 MONEY to the united states council ORG on homelessness for necessary in carrying out the functions of the council to title ii of the mckinney-vento assistance act ( 42 u.s.c QUANTITY . 11311 et seq.); and $ 10,000,000 MONEY to the secretary of housing urban development for necessary salaries and of the office of the inspector general of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00879 fmt 6652 CARDINAL sfmt 6201 DATE department of housing and urban development carrying out the inspector general act of 1978 DATE . appropriated by this section shall remain until september 30, 2031 DATE . secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. 40302. community-led capacity building. addition to amounts made available, there is appropriated to the secretary housing and urban development (in this section to as the for fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 90,000,000 MONEY competitively awarded for technical assistance and capacity building non-federal entities, including nonprofit that can provide technical assistance to community development corporations, housing development organizations, land trusts, nonprofit organizations in insular and other mission-driven and nonprofit 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00880 fmt 6652 CARDINAL sfmt 6201 that target services to low-income and disadvantaged populations, and provide in neighborhoods having high concentrations of low-income, or socially disadvantaged provide training, education, support, advice to enhance the technical and capabilities of community development community housing development community land trusts, and other and nonprofit organizations to undertake affordable housing acquisition, preservation, or activities; provide grants or predevelopment to community development community housing development and other mission-driven and nonprofit seeking to undertake affordable development, acquisition, preservation, rehabilitation activities; and carry out such other activities as may determined by the grantees in consultation the secretary; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00881 fmt 6652 CARDINAL sfmt 6201 $10,000,000 MONEY for the costs to the secretary administering and overseeing the implementation this section and the technical programs generally, including information research and evaluations, financial fair housing compliance, and other cross- costs in support of programs administered the secretary in this title and other costs; the may transfer and merge amounts set aside this subsection to section 40301 LAW . appropriated by this section shall remain until september 30, 2031 DATE . secretary shall have to issue such regulations or other notices, forms, instructions, and publications as may be or appropriate to carry out the programs, projects, activities authorized under this section, including to that such programs, projects, or activities are in a timely and effective manner. development 40401 DATE . minority business development agency. addition to amounts available, there is appropriated to the minority development agency for fiscal year 2022 DATE , out of in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00882 fmt 6652 CARDINAL sfmt 6201 $200,000,000 MONEY , to remain available until 30, 2026 DATE , for carrying out subsection $ 1,200,000,000 MONEY , to remain available until 30, 2029 DATE , for carrying out subparagraphs (b), (c), (d), (e), (f), and (h) of subsection $ 50,000,000 MONEY , to remain available until 30, 2026 DATE , for carrying out subparagraph (g) subsection (b)(2); $ 1,500,000,000 MONEY , to remain available until 30, 2026 DATE , for carrying out subsection and $ 150,000,000 MONEY , to remain available until 30, 2029 DATE , for administrative costs with carrying out subsection (b)(3). minority business development rural business director the minority business development agency may into agreements with one CARDINAL or more rural centers of the agency that are operated by a institution of higher education or a consortium of institutions of higher education is led by a minority-serving institution of higher under such an agreement, a rural 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00883 fmt 6652 CARDINAL sfmt 6201 CARDINAL center shall provide assistance primarily to business enterprises located within a rural as defined by the director. other director of the business development agency pay salaries and related costs for pay for administrative and other costs support initiatives that assist the formation, and expansion of eligible business establish and provide assistance to centers and specialty business prioritizing for such establishment or regions that lack a business center have a significant population of members of underrepresented community; establish not fewer than 5 CARDINAL regional in locations determined by the director; conduct an annual DATE forum between the government and businesses to review programs and current challenges to capital formation by eligible business 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00884 fmt 6652 CARDINAL sfmt 6201 establish a program to assist small, manufacturers in accessing private by accelerating technology adoption and training and support in supply chain provide grants to minority-serving of higher education to develop and entrepreneurship curricula; and collect data and develop research and regarding the needs and development of business enterprises. in director of the business development agency may grants a eligible business enterprise; and an eligible nonprofit organization will make subgrants to eligible enterprises located in areas with populations of members of communities. making grants and to eligible business enterprises and nonprofit organizations under this the director shall establish an application 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00885 fmt 6652 sfmt 6201 and selection criteria, which shall assurances that the eligible enterprise and eligible nonprofit will use such grants and to address gaps in access to capital, with startup costs, or support expansion; criteria for determining the size of or subgrant award for the eligible enterprise and eligible nonprofit and director. other criteria as determined by eligible eligible nonprofit organization that a grant under this section shall, when a subgrant to an eligible business described under subparagraph (a)(ii), also such grant to provide support to the eligible enterprise in one CARDINAL or more of the ways: providing resources, which may physical workspace and facilities, to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00886 fmt 6652 CARDINAL sfmt 6201 and established eligible business providing supports to accelerate growth and success of eligible business through a variety of services, access to capital, business and counseling; networking opportunities; mentorship opportunities; advising on market analysis, strategy, revenue, growth, and securing and other services intended to aid developing eligible business business accepting for grants to eligible business or subgrants to eligible business under this subsection, the director shall each grantee or subgrantee to use existing identifiers of the subgrantee instead of forms of registration or identification. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00887 fmt 6652 sfmt 6201 eligible this paragraph, the term means an organization is described in paragraph ( 3 CARDINAL ) or ( 6 CARDINAL ) of 501(c) of the internal revenue code of and that is exempt from taxation under 501(a) of such code for which a activity of the organization is to provide or financial support to eligible business located in areas with significant of members of underrepresented returning an entity that a grant or assistance under this subsection to use all the funds or permanently ceases on or before september 30, 2031 DATE , the entity return the funds to the minority business agency. the minority business agency shall return all such funds to the if not expended by september 30, 2031 DATE . penalties for failure to abide by or conditions of the of the director and in addition to any other or criminal consequences, the director shall payments to an eligible applicant or order 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00888 fmt 6652 sfmt 6201 eligible applicant to return any assistance under this section for failure to abide by the and conditions of such assistance. this section: business term means any business center is established by the minority business agency; and provides technical business assistance minority business enterprises. eligible business business means a business or controlled by one CARDINAL or more members of an community. member of an underrepresented term of an means an individual who a resident a low-income community, as in section 45d(e LAW ) of the internal code of 1986 DATE ; a low-income rural community; or a hubzone, as defined in section of the small business act ( 15 657a CARDINAL ); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00889 fmt 6652 CARDINAL sfmt 6201 a member of an indian NORP or alaska GPE tribe, band, nation, pueblo, village, component band, or component (including in the most recent list published to section 104 LAW of the federally indian NORP tribe list act of 1994 DATE ( 25 u.s.c QUANTITY . an individual with a disability, as in section 3 LAW of the americans NORP with act of 1990 DATE ( 42 u.s.c QUANTITY . 12102 DATE ); a veteran, as defined in section 101 of 38 LAW , united states code; an individual who completed a term of an afghan NORP refugee, including an who has received a special immigrant a classification, or special parole or director. an individual otherwise identified by minority-serving institution of term of higher 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00890 fmt 6652 sfmt 6201 described an section of the higher education act of 1965 DATE u.s.c. 1067q(a CARDINAL )); or a junior or community college, as in section 312 LAW of the higher education of 1965 DATE ( 20 u.s.c QUANTITY . 1058). specialty business term business means a business that provides specialty services focusing on business needs, including assistance relating capital access; federal procurement; entrepreneurship; technology transfer; or any other area determined necessary appropriate based on the priorities of the of the minority business development 40402 DATE . manufacturing facility. in state small business credit act of 2010 DATE ( 12 u.s.c QUANTITY . 5701 et seq.) is in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00891 fmt 6652 CARDINAL sfmt 6201 in subsection (b), by adding at the end following: 2022 DATE in later than 30 after the date of enactment of this the secretary shall allocate federal to participating states so that each state eligible to receive an amount equal to what state would receive under the 2022 DATE as determined under subparagraph (b). 2022 DATE allocation in respect to the secretary shall determine the allocation by allocating federal funds the states based on the job losses per state over the 30-year DATE ending on the date of enactment of paragraph. the secretary determines that job loss data with respect a state is unavailable from the bureau labor statistics of the department of the secretary shall consider such economic and employment data that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00892 fmt 6652 CARDINAL sfmt 6201 CARDINAL otherwise available for purposes of the employment data of such and by adding at the end the following: rules for the 2022 to the 2022 DATE allocation: transfer of shall transfer the full amount of each to a state in a single transfer and shall such transfer before september 30, 2022 DATE . use of transferred use allocations of amounts appropriated for year 2022 DATE to carry out the program for making federal contributions to, for the account of, an approved state for the purposes of, as determined by the of the maintaining the economic of the united states GPE ; maintaining a strong base in the united states GPE , including advanced manufacturing and innovative technology; increasing the supply and of factory-built housing for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00893 fmt 6652 CARDINAL sfmt 6201 accessibility, efficiency, and or helping the united states GPE to clean energy or clean processes to combat climate change to for climate adapted production processes; as collateral for a qualifying loan or funding facility, for the purposes under subparagraph (a); and for paying administrative costs by the state in implementing an state program in an amount not to 5 percent PERCENT of such allocation. special permission for certain 3004(d CARDINAL ) shall apply to the allocation to the same extent as such provision to an allocation made under subsection (d), paragraph ( 1 CARDINAL ) of section 3004(d LAW ) be applied by substituting for and paragraph ( 2 CARDINAL ) of section 3004(d LAW ) be applied by substituting for and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00894 fmt 6652 sfmt 6201 in section 3009(c), by striking and inserting addition to amounts available, there is hereby appropriated to the of the treasury for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to carry out the amendments made by subsection rule of amendments made this section shall apply with respect to funds on the date of enactment of this section. on security 50001 CARDINAL . cybersecurity and infrastructure agency. addition to amounts otherwise made available, is appropriated for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to available until september 30 DATE , $ 50,000,000 MONEY to the cybersecurity and security agency for support of the information sharing and analysis 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00895 fmt 6652 CARDINAL sfmt 6201 $25,000,000 MONEY to the cybersecurity and security agency for operating a cyber $ 25,000,000 MONEY to the cybersecurity and security agency for the execution of a multi-factor authentication campaign; $ 400,000,000 MONEY to the cybersecurity and security agency for the implementation executive order 14028 DATE ( 86 CARDINAL fed. reg PERSON . 26633 DATE ; to improving the cybersecurity of the united including the implementation of multi-factor endpoint detection and response, logging, and securing cloud systems; $ 50,000,000 MONEY to the cybersecurity and security agency for expansion and of the crossfeed program; $ 75,000,000 MONEY to the cybersecurity and security agency for expansion and of the cybersentry program; $ 10,000,000 MONEY to the cybersecurity and security agency for performing in support of the development of the continuity the economy plan required under section 9603(a LAW ) title xcvi of the william m. PERSON ( mac ORG ) thornberry 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00896 fmt 6652 CARDINAL sfmt 6201 CARDINAL defense authorization act for fiscal year DATE (public law 6 CARDINAL u.s.c. 322 CARDINAL ); $ 20,000,000 MONEY to the cybersecurity and security agency for expanding working with international partners on the of critical infrastructure; $ 50,000,000 MONEY to the cybersecurity and agency for researching and developing to secure operational technology, including control systems, against cybersecurity $ 100,000,000 MONEY to the cybersecurity and security agency for cybersecurity development and education, including providing training, and capacity development, in collaboration with historically black and universities, other minority-serving and community colleges, and to the education and training program, to be used purposes that cybersecurity training and upskilling implementing cybersecurity at the agency; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00897 fmt 6652 CARDINAL sfmt 6201 CARDINAL cybersecurity programs for communities, as a focus for activities under section 2217 of the homeland act of 2002 DATE ( 6 u.s.c QUANTITY . 665f); and $ 60,000,000 MONEY to the cybersecurity and security agency for enhancing the architecture, migration advisory services, and threat hunting capabilities of the agency. on the 60001 DATE . lawful permanent residence for entrants. in 5 CARDINAL of title ii of the and nationality act ( 8 u.s.c QUANTITY . 1255 et seq.) is by inserting after section 245a the following: 245b. adjustment of status of certain in sections 201 CARDINAL , 203 CARDINAL , and 245(c), and subject to subsection (c), the of homeland security shall adjust to the status an alien lawfully admitted for permanent residence, an described in subsection (b), if such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00898 fmt 6652 CARDINAL sfmt 6201 submits an application for adjustment of in accordance with procedures established by secretary; in addition to any administrative fee, pays a supplemental fee of $ 1,500 MONEY ; and completes, to the satisfaction of the security and law enforcement checks; and 221(d). a medical examination consistent with aliens alien described in this is an alien has been physically in the united states GPE since january 1, 2021 DATE ; was 18 years of age DATE or younger on the on which the alien entered the united states GPE has continuously resided in the united states such entry; and a record of honorable service in the services of the united states GPE ; attainment of, or completion of not than 2 years DATE , in good standing, of a leading 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00899 fmt 6652 sfmt 6201 a degree from a united states GPE of higher education; or a postsecondary credential from area career and technical education in the united states GPE ; during the 3-year DATE period immediately the date on which the alien submits application for adjustment of status under section, a consistent record of earned in the united states GPE ; or enrollment in a program described clause (ii); and current employment or participation an apprenticeship, or similar program; has been physically in the united states GPE since january 1, 2021 DATE ; has demonstrated a consistent record of income in the united states GPE in an occupation in the guidance of the department of security entitled memorandum ensuring essential critical infrastructure ability to work during the issued on august 10, 2021 DATE , during the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00900 fmt 6652 CARDINAL sfmt 6201 DATE beginning on january 31, 2020 DATE , and ending on 24, 2021 DATE ; has been physically in the united states GPE for not less than 3 CARDINAL and is a national of a foreign state (or a of a foreign state) (or in the case of an alien no nationality, is a person who last habitually in such state) with a designation under (b) of section 244 LAW on january 1, 2017; notwithstanding paragraphs (1)(a)(iv) and of subsection (c) of section 244 LAW , had or was eligible for temporary protected status section 244 CARDINAL on that date; and has not engaged in conduct since that that would render the alien ineligible for protected status under section 244(c)(2 LAW ); or has been physically in the united states GPE for not less than 3 CARDINAL and was eligible for deferred enforced as of january 20, 2021; and has not engaged in conduct since that date would render the alien ineligible for deferred departure. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00901 fmt 6652 CARDINAL sfmt 6201 CARDINAL grounds of in to paragraphs ( 2 CARDINAL ) ( 3 CARDINAL ), an alien seeking adjustment of status under section shall demonstrate that the is not inadmissible under paragraph ( 3 CARDINAL ), (6)(e), (6)(g), (8), ( 10)(a DATE ), ( 10)(c ORDINAL ), (10)(d) of section 212(a); has not ordered, incited, assisted, or participated in the persecution of any on account of race, religion, nationality, in a particular social group, or opinion; has not been convicted any offense under federal or law, other than a state offense for an essential element is the status, that is punishable by a term of imprisonment of more 1 year DATE ; or 3 CARDINAL or more offenses under federal state law, other than state offenses for an essential element is the status, for which the alien was on different dates for each of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00902 DATE fmt 6652 sfmt 6201 offenses and imprisoned for an aggregate 90 days DATE or more; and has registered under the military service act ( 50 u.s.c QUANTITY . 3801 et seq.), if alien is subject to registration under that respect to any benefit this section, the secretary of homeland may waive the grounds of inadmissibility under ( 2 CARDINAL ), (6)(e), (6)(g), or (10)(d) of section for humanitarian purposes or family if a waiver is otherwise in the public treatment of expunged purposes of paragraph ( 1 CARDINAL ), the or may not automatically treat an conviction as a conviction; and shall evaluate expunged convictions a case-by-case basis according to the nature severity of the underlying offense to whether, under the circumstances, the should be eligible for adjustment of status. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00903 fmt 6652 sfmt 6201 CARDINAL limitation on in respect to an alien is in removal proceedings or subject to a final of removal or an order of voluntary departure, secretary of homeland security shall provide alien with a reasonable opportunity to apply for under this section if the requests an opportunity to so apply; relief. appears to be prima facie eligible for stay of removal for certain secretary of homeland security shall the removal of an alien meets the requirements of (a) and (b) of subsection (b)(1); subject to paragraphs ( 2 CARDINAL ) and ( 3 CARDINAL ) of (c), is not subject to a ground of under paragraph ( 1 CARDINAL ) of such and is enrolled an early childhood education an elementary school; a secondary ORDINAL school; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00904 fmt 6652 CARDINAL sfmt 6201 an education program assisting in obtaining a high school or its equivalent. effective section shall take effect the earlier the date that is 180 days DATE after the date of enactment of this section; or may 1 DATE , conforming table of for the immigration and nationality act (8 u.s.c. et seq.) is amended by inserting after the item to 245a CARDINAL the following: 245b. adjustment of status of certain 60002 DATE . recapture of unused immigrant visa recapture of unused immigrant visa ensuring future use of all immigrant 201(c)(1)(b)(ii) of the immigration nationality act (8 u.s.c. 1151(c)(1)(b)(ii)) is to read as follows: in no case shall the number under subparagraph (a) be less than sum 226,000 CARDINAL ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00905 fmt 6652 CARDINAL sfmt 6201 number paragraph recapturing unused 201 CARDINAL the immigration and nationality act (8 u.s.c. is amended by adding at the end the recapturing unused family-sponsored in the limitations set forth in this section or sections 202 CARDINAL or 203 CARDINAL , beginning in fiscal year DATE the number of family-sponsored visas that may be issued under section shall be increased by the number under subparagraph (b). unused number under this subparagraph the if any, the difference, if any, the number of visas that originally made available to immigrants under 201(c)(1) for fiscal years 1992 2021 DATE , setting aside any visas made available to such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00906 fmt 6652 sfmt 6201 in such fiscal years DATE under 201(c)(3); and the number of visas in subclause (i) that were under section 203(a), or, in with section 201(d)(2)(c), section 203(b); and the number of visas resulting the calculation under clause (i) issued section 203(a) after fiscal year DATE employment-based in the limitations set forth in this section or sections 202 CARDINAL or 203 CARDINAL , beginning in fiscal year DATE the number of employment-based visas that may be issued under section shall be increased by the number under subparagraph (b). unused number under this paragraph is the difference, if the difference, if any, the number of visas that originally made available to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00907 fmt 6652 CARDINAL sfmt 6201 immigrants under 201(d)(1) for fiscal years 1992 2021 DATE , setting aside any visas made available to such in such fiscal years DATE under 201(d)(2); and the number of visas in subclause (i) that were under section 203(b), or, in with section 201(c)(3)(c), section 203(a); and the number of visas resulting the calculation under clause (i) issued section 203(b) after fiscal year DATE diversity 204(a)(1)(i)(ii)(ii NORP ), an immigrant visa for an selected in accordance with section 203(e)(2) in year 2017, 2018, 2019, DATE 2020 DATE , or 2021 DATE shall available to such alien (and the spouse and of such alien) the alien was refused a visa, from seeking admission, or denied to the united states GPE solely because of order 13769 DATE , executive order 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00908 fmt 6652 sfmt 6201 CARDINAL presidential proclamation 9645, or proclamation 9983 DATE ; or because of restrictions or limitations visa processing, visa issuance, travel, or effects associated with the health the alien was unable to receive a interview despite submitting an online visa and alien registration (form to the of state; or the alien was unable to seek or was denied admission to the states despite being approved for a under section 60003 DATE . adjustment of status. 245 CARDINAL of the immigration and nationality act u.s.c. 1255) is amended by adding at the end the visa in section the secretary of homeland security may for filing, an application for adjustment of from an alien (and the spouse and children of alien) if such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00909 fmt 6652 sfmt 6201 is the beneficiary of an approved under section 204(a)(1 LAW ); pays a supplemental fee of $ 1,500 MONEY , $ 250 MONEY for each derivative beneficiary; and is otherwise eligible for such secretary of state shall an alien (and the spouse and children of alien) from the numerical limitations described sections 201 CARDINAL , 202 CARDINAL , and 203 CARDINAL and the secretary of security may adjust the status of such (and the spouse and children of such alien) to permanent resident if such alien submits or submitted an application for adjustment of such is the beneficiary of an approved under subparagraph (a)(i) or of section 204(a)(1) that bears a date that is more than 2 years DATE the date the alien requests a waiver of numerical limitations; and pays a supplemental of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00910 fmt 6652 CARDINAL sfmt 6201 is the beneficiary of an approved under subparagraph (e) or (f) of 204(a)(1 CARDINAL ) that bears a priority date is more than 2 years DATE before the date alien requests a waiver of the limitations; and pays a supplemental of or such is the beneficiary of an approved under subparagraph (h) of section that bears a priority date that is than 2 years DATE before the date the alien a waiver of the numerical pays a supplemental of and effective in provisions of this shall take effect on the earlier of date DATE that 180 days DATE after the date of enactment of this subsection; or may 1, 2022 DATE ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00911 fmt 6652 sfmt 6201 except as provided in (b), shall cease to have effect on 30, 2031 DATE . continue in effect with respect to an alien requested a waiver of the numerical and paid the requisite fee prior to the described in subparagraph (a)(ii), until secretary of homeland security renders a administrative decision on such 60004 DATE . additional supplemental fees. supplemental fees described in (b) of this section, and in sections 245b(a)(2) 245(n) of the immigration and nationality act, as by this subtitle, shall be deposited in the general of the treasury of the united states GPE . of the immigration and nationality act ( 8 1154(a)(1 CARDINAL )) is in subparagraph (a)(i), by adding at the the following: petition for classification by of a relationship described in paragraph ( 1 CARDINAL ), or (4) of section 203(a) shall be accompanied by supplemental fee in the amount of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00912 DATE fmt 6652 CARDINAL sfmt 6201 in subparagraph ( b)(i)(i ORG ), by adding at the the following: petition shall be by a supplemental fee in the amount of in subparagraph (e), by adding at the end following: petition shall be accompanied a supplemental fee in the amount of in subparagraph (f), by adding at the end following: petition shall be accompanied a supplemental fee in the amount of and in subparagraph (h), by adding at the end following: petition shall be accompanied a supplemental fee in the amount of 60005 DATE . u.s. GPE citizenship and immigration services. addition to amounts otherwise available, there is to u.s. GPE citizenship and immigration for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 2,800,000,000 MONEY , to remain until expended, for the purpose of increasing the of u.s. GPE citizenship and immigration services to adjudicate applications described in sections and 245(n) of the immigration and nationality act, added by sections 60001 DATE and 60003 DATE of this act, and to reduce case processing backlogs. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00913 fmt 6652 sfmt 6201 CARDINAL violence 61001 DATE . funding for community-based violence initiatives. in addition to amounts otherwise there is appropriated to the attorney general fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 2,500,000,000 MONEY , to remain until september 30, 2031 DATE , for the purposes in subsection (b). use of attorney general, through the assistant attorney general of the office justice programs, the director of the office of oriented policing services, and the director of the on violence against women, shall use amounts by subsection to award competitive grants or contracts to of local government, states, indian NORP tribes, community-based organizations, victim providers, or other entities as determined by attorney general, to support evidence-informed strategies to reduce community violence; to support training, technical assistance, evaluation, and data collection on strategies 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00914 fmt 6652 sfmt 6201 effectively reduce community violence and ensure safety; and to support research, evaluation, and data on the differing impact of community on demographic categories. expenditure expenditures pursuant to subsection (a) shall be made on or september 30, 2031 DATE . on resources of indian NORP and indian NORP health service 70101. tribal consultation ORG . addition to amounts otherwise available, there is to the department of the interior for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 30,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for the purposes of consultation with tribal governments. 70102 DATE . bureau of indian affairs ORG . bia road addition to otherwise available, there is appropriated to the of indian NORP affairs for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00915 fmt 6652 CARDINAL sfmt 6201 to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of november 1921 DATE ( 25 u.s.c QUANTITY . 13 CARDINAL ; commonly known as the for bureau of indian affairs road maintenance and address the deferred maintenance backlog, of which no than 2 percent PERCENT shall be used for administrative costs carry out this subsection. bia public addition to amounts available, there is appropriated to the bureau indian NORP affairs for fiscal year 2022 DATE , out of any money treasury to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of november 1921 DATE ( 25 u.s.c QUANTITY . 13 CARDINAL ; commonly known as the for bureau of indian affairs public safety and of which no more than 2 percent PERCENT shall be used for costs to carry out this subsection. bia climate addition to otherwise available, there is appropriated to the of indian NORP affairs for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00916 fmt 6652 CARDINAL sfmt 6201 30, 2031 DATE , for carrying out the act of november 1921 DATE ( 25 u.s.c QUANTITY . 13 CARDINAL ; commonly known as the for tribal climate resilience and adaptation of which no more than 2 percent PERCENT shall be used for costs to carry out this subsection. tribal addition to amounts available, there is appropriated to the bureau of affairs for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 500,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , carrying out the act of november 2, 1921 DATE ( 25 u.s.c QUANTITY . commonly known as the to improve housing, of which no more than 2 percent PERCENT shall be for administrative costs to carry out this subsection. tribal addition to amounts available, there is appropriated to the bureau of affairs for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 35,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for out the act of november 2, 1921 DATE ( 25 u.s.c QUANTITY . 13 CARDINAL ; known as the for tribal energy of which no more than 2 percent PERCENT shall be used administrative costs to carry out this subsection. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00917 fmt 6652 sfmt 6201 CARDINAL small and needy made under this section shall be excluded from the of funds received by those tribal governments participate in the and program. one CARDINAL -time basis made available this section to tribes and tribal organizations the indian NORP self-determination and education act ( 25 u.s.c QUANTITY . 5301) shall be available on a one- basis. such nonrecurring funds shall not be part of amount required by section 106 LAW of the indian NORP self- and education assistance act ( 25 u.s.c QUANTITY . and such funds shall only be used for the purposes in this section. 70103 DATE . indian NORP health service. ihs information addition amounts otherwise available, there is appropriated to indian NORP health service for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of august 5 DATE , ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP self-determination and assistance act, the indian NORP health care act, and titles ii PERSON and iii of the public health act, with respect to the indian NORP health service, for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00918 fmt 6652 sfmt 6201 CARDINAL health service electronic records ( 25 u.s.c QUANTITY . telehealth ORG , system modernization, and information infrastructure. urban indian NORP addition otherwise available, there is appropriated to the health service for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of august 5 DATE , ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP self-determination and assistance act, the indian NORP health care act, and titles ii PERSON and iii of the public health act, with respect to the indian NORP health service, for urban indian NORP health program for renovations, expansion of facilities, including leased facilities, shall be in addition to other amounts made available urban indian NORP organizations (as defined in section 4 LAW the indian NORP health care improvement act 25 u.s.c. under this subsection. ihs facilities addition to otherwise available, there is appropriated to the health service for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00919 DATE fmt 6652 sfmt 6201 except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of august 5 DATE , ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP self-determination and assistance act, the indian NORP health care act, and titles ii PERSON and iii of the public health act, with respect to the indian NORP health service, for and improvement of indian NORP health service tribal facilities. green addition otherwise available, there is appropriated to the health service for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of august 5 DATE , ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP self-determination and assistance act, the indian NORP health care act, and titles ii PERSON and iii of the public health act, with respect to the indian NORP health service, for features for existing facilities. inpatient and community health addition to amounts otherwise available, there appropriated to the indian NORP health service for fiscal year DATE out of any money in the treasury ORG not otherwise $ 40,000,000 MONEY , to remain available until 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00920 fmt 6652 CARDINAL sfmt 6201 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for carrying out the act august 5, 1954 DATE ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP and education assistance act, the indian NORP health improvement act, and titles ii PERSON and iii of the public service act, with respect to the indian NORP health for inpatient and community health facilities construction, in accordance with 25 CARDINAL u.s.c. medical addition to amounts available, there is appropriated to the indian NORP service for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 150,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , carrying out the act of august 5, 1954 DATE ( 68 CARDINAL stat. 674 CARDINAL ), indian NORP self-determination and education assistance the indian NORP health care improvement act, and titles and iii of the public health service act, with respect the indian NORP health service, for maintaining, upgrading, replacing medical equipment for ihs and tribal small ambulatory to amounts otherwise available, there is appropriated the indian NORP health service for fiscal year 2022 DATE , out of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00921 fmt 6652 sfmt 6201 CARDINAL money in the treasury not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the act of august 5 DATE , ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP self-determination and assistance act, the indian NORP health care act, and titles ii PERSON and iii of the public health act, with respect to the indian NORP health service, for small ambulatory construction program. personnel quarters to amounts otherwise available, there is to the indian NORP health service for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 278,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for carrying out the act august 5, 1954 DATE ( 68 CARDINAL stat. 674 CARDINAL ), the indian NORP and education assistance act, the indian NORP health improvement act, and titles ii PERSON and iii of the public service act, with respect to the indian NORP health for personnel quarters construction. ihs priority health care to amounts otherwise available, there is to the indian NORP health service for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00922 fmt 6652 CARDINAL sfmt 6201 $2,000,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for projects identified the health care facility priority system established maintained pursuant to section 301(c) of the indian NORP care improvement act ( 25 u.s.c QUANTITY . 1631(c)). facilities addition to amounts available, there is appropriated to the indian NORP service for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 170,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , environmental health and facilities support activities the indian NORP health service. nonrecurring made available this section to tribes and tribal organizations the indian NORP self-determination and education act ( 25 u.s.c QUANTITY . 5301 CARDINAL et seq.) shall be available a one CARDINAL -time basis. such nonrecurring funds shall not part of the amount required by section 106 LAW of the self-determination and education assistance act u.s.c. 5325), and such funds shall only be used for purposes identified in this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00923 fmt 6652 CARDINAL sfmt 6201 on parks, forests, and lands 70201 DATE . oak flat withdrawal. this section: term means the lands identified are not available under the outlined under section 203 LAW of the land policy and management act of 1976 DATE ( 43 1713 DATE ). term has the as it is used under section 103(j) of the federal policy and management act of 1976 DATE ( 43 1702(j DATE )), in its application to lands under the of the secretary. term has the as it is used under section 2320 LAW of the statutes ( 30 u.s.c QUANTITY . 23 CARDINAL ), in its application to under the jurisdiction of the secretary; oak flat withdrawal term means the approximately 2,422 acres QUANTITY of system land in the tonto national forest in arizona GPE commonly known as and generally depicted as flat 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00924 fmt 6652 sfmt 6201 on the map titled flat and dated june 15, 2021 DATE . term has the as it is used under section 2325 of the statutes ( 30 u.s.c QUANTITY . 29 CARDINAL ), in its application to under the jurisdiction of the secretary. term means secretary of agriculture. 3003 DATE of the carl levin and p. mckeon national defense act for fiscal year 2015 DATE ( 16 u.s.c QUANTITY . 539p) is to valid rights in on the date of the enactment of this section, oak is withdrawn from all forms of disposal, location, and patent. 70202. civilian climate corps. national park service ORG civilian climate regard to this conservation term means a project for the restoration, construction, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00925 fmt 6652 sfmt 6201 CARDINAL of natural, cultural, historic, recreational, or scenic resources. corps term means a program established by a state, tribal, or local government, or organization that performs projects on public lands. public term means lands administered by the park service. in addition to amounts available, there is appropriated to the park service for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to remain available until september 2031 DATE , except that no amounts may be expended september 30, 2031 DATE , for carrying out and job training projects and conservation on public lands, including through the use direct expenditure, contracts, grants, and agreements with corps programs. administrative the funds by this subsection, no more than 2 percent PERCENT be used for administrative costs to carry out section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00926 fmt 6652 CARDINAL sfmt 6201 DATE bureau of land management civilian regard to this conservation term means a project for the restoration, construction, or of natural, cultural, historic, recreational, or scenic resources. corps term means a program established by a state, tribal, or local government, or organization that performs projects on public lands. public term means lands administered by the of land management. in addition to amounts available, there is appropriated to the bureau land management for ORG fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 900,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for carrying out and job training projects and conservation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00927 fmt 6652 sfmt 6201 on public lands, including through the use direct expenditure, contracts, grants, and agreements with corps programs. administrative the funds by this subsection, no more than 2 percent PERCENT be used for administrative costs to carry out united states ORG fish and wildlife service climate regard to this section. conservation term means a project for the restoration, construction, or of natural, cultural, historic, recreational, or scenic resources. corps term means a program established by a state, tribal, or local government, or organization that performs projects on public lands. public term means administered by the states fish and wildlife service. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00928 fmt 6652 CARDINAL sfmt 6201 in addition to amounts available, there is appropriated to the united fish and wildlife service for fiscal year DATE out of any money in the treasury ORG not appropriated, $ 400,000,000 MONEY , to remain until september 30, 2031 DATE , except that no may be expended after september 30 DATE , for carrying out education and job training and conservation projects on public lands, through the use of direct expenditure, grants, and cooperative agreements with programs. administrative the funds by this subsection, no more than 2 percent PERCENT be used for administrative costs to carry out section. tribal civilian climate regard to this conservation term means any project for conservation, restoration, construction, or of natural, cultural, historic, recreational, or scenic resources. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00929 fmt 6652 CARDINAL sfmt 6201 CARDINAL corps term means a program established by a state, tribal, or local government, or organization that performs conservation projects on public lands. indian NORP term means land of an indian NORP tribe or an individual that held in trust by the united states GPE ; subject to a restriction against imposed by the united states GPE . indian NORP term has the meaning given the term in 101 CARDINAL of the federally recognized indian NORP list act ( 25 u.s.c QUANTITY . 5130). native term means any individual who a citizen of the united states GPE ; and a descendant of the aboriginal who, before 1778 DATE , occupied and sovereignty in the area that now the state of hawaii GPE , as genealogical records; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00930 fmt 6652 sfmt 6201 DATE (long-term community verification; or certified birth records. native hawaiian term hawaiian NORP a private nonprofit organization serves the interests of native has native hawaiians in and policymaking positions within organization; and is recognized by the governor of for the purposes of planning, or administering programs (or of programs) for the benefit of hawaiians. in addition to amounts available, there is appropriated to the bureau indian NORP affairs for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to remain available until september 2031 DATE , except that no amounts may be expended september 30, 2031 DATE , for carrying out and job training projects and conservation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00931 fmt 6652 CARDINAL sfmt 6201 including through the use of direct contracts, grants, and cooperative agreements corps programs, and including projects on lands, pursuant to an agreement between an tribe or native hawaiian NORP organization and a program for the benefit of an indian NORP tribe or hawaiians. none of the funds provided by subsection shall be subject to cost-share administrative the funds by this subsection, no more than 2 percent PERCENT be used for administrative costs to carry out section. 70203 DATE . presidio trust ORG . presidio trust ORG regard to this the term means the entity under section 103(a) of title i of division i of public and under the requirements placed upon entity by section 104(a) of title i of division i of law in addition to amounts otherwise there is appropriated to the presidio trust for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 200,000,000 MONEY , to remain available september 30, 2026 DATE , for carrying out projects 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00932 fmt 6652 sfmt 6201 by the presidio trust in accordance with the purposes under the first ORDINAL section of public law u.s.c. 460bb). 70204 CARDINAL . grand canyon FAC . this section: term means the lands identified are not available under the outlined under section 203 LAW of the land policy and management act of 1976 DATE ( 43 1713 DATE ). term has the as it is used under section 103 LAW of the federal policy and management act of 1976 DATE ( 43 1702(j DATE )), in its application to lands under the of the secretary. grand canyon protection canyon protection ORG means the 1,054,923 acres QUANTITY of land depicted as mineral estate to be on the entitled canyon protection and august 23, 2021 DATE . term has the as it is used under section 2320 LAW of the statutes ( 30 u.s.c QUANTITY . 23 CARDINAL ), in its application to under the jurisdiction of the secretary. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00933 fmt 6652 CARDINAL sfmt 6201 term has the as it is used under section 2325 of the statutes ( 30 u.s.c QUANTITY . 29 CARDINAL ), in its application to under the jurisdiction of the secretary. term means secretary of the interior. addition to amounts available, there is appropriated to the bureau of management for ORG fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 1,500,000 MONEY , remain available until september 30, 2026 DATE , to carry subject to valid rights in existence on the date of of this section, the withdrawal of the grand protection area from all forms of disposal, location, and patent. 70205 DATE . wildfire. protecting communities and ecosystems addition to amounts otherwise there is appropriated to the bureau of land for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 900,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , reduce wildfire risk on landscapes and communities fire preparedness, fire science and research 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00934 fmt 6652 sfmt 6201 improved fireshed mapping and management), rehabilitation, rural fire assistance, fuels management activities in the wildland- interface, the renovation or construction of fire and for expenses necessary to support firefighter reforms. none of the funds provided by this shall be used for salvage logging. tribal PERSON wildfire addition to otherwise available, there is appropriated to the of indian NORP affairs for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for carrying out the national indian NORP resources management act ( 25 u.s.c QUANTITY . 3101 CARDINAL et for renewable and manageable resources, economic and cultural benefits, mapping and management, and to protect tribal lands from wildfire. forest ORG technology to amounts otherwise available, there is to the office of wildland fire management for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 1,000,000 MONEY , to remain available september 30, 2031 DATE , except that no amounts may 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00935 fmt 6652 sfmt 6201 expended after september 30, 2031 DATE , for carrying out research, development, and testing pilot program assess new technologies, aircraft system, geospatial, or remote technologies, across all reforestation activities; accelerate the deployment and integration of technologies into the operations of the of the interior; and collaborate and cooperate with state, and private geospatial information system with respect to such technologies. 70206. urban parks. addition to amounts otherwise available, there is to the national park service for fiscal year DATE out of any amounts in the treasury ORG not otherwise $ 100,000,000 MONEY , to remain available until 30, 2026 DATE , to carry out direct, competitive to localities to create or significantly enhance to parks or outdoor recreation facilities in urban in accordance with the authorities outlined under 200305(e)(2)(a DATE ) or 200305(e)(3 CARDINAL ) of title 54 DATE , states code, and subject to limitations outlined section 200305(f)(3 LAW ) of such title, of which no more 2 percent PERCENT shall be used for administrative costs to out this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00936 fmt 6652 CARDINAL sfmt 6201 70207. every kid outdoors. respect to this section: federal land and term land and means any federal land body of water under the jurisdiction of the to which the public has access. term means director of the national park service ORG . student or term or means any fourth, fifth, or grader or home-schooled learner 10 years DATE of residing in the united states GPE . in addition to amounts otherwise there is appropriated to the national park for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 100,000,000 MONEY , to remain until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for carrying out of the issuance and administration of effective during the period beginning on september DATE and ending on august 31 DATE of the following year DATE , at the of a student, which allows access, when the to which the pass was issued is present, to federal and waters for which access is subject to an standard amenity, or day use fee, free of charge the student and three CARDINAL accompanying adults, and for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00937 fmt 6652 CARDINAL sfmt 6201 out purposes outlined under section of public law 70208. national park service ORG climate addition to amounts otherwise available, there is to the national park service for fiscal year DATE out of any money in the treasury ORG not otherwise $ 115,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for the protection, and resiliency of public lands and resources in with purposes outlined section of title 54 DATE , united states code. none of the provided by this section shall be subject to cost- requirements. 70209. bureau of land management climate ORG addition to amounts otherwise available, there is to the bureau of land management for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 110,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for the protection, and resiliency of public lands and resources in with the purposes outlined in section 102(a)(8) 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00938 fmt 6652 CARDINAL sfmt 6201 the federal land policy and management act of 1976 DATE u.s.c. 1701(a)(8). none of the funds provided by this shall be subject to cost-sharing requirements. 70210 DATE . historic preservation. in addition to amounts otherwise there is appropriated to the director of the park service for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 75,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , carry out preservation or historic preservation as by section 300315 LAW of title 54 DATE , united states code. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70211 DATE . thompson ORG divide. thompson ORG divide thompson divide withdrawal and area the purposes of this the term divide withdrawal protection means the federal land and generally depicted as the withdrawal and protection on the map thompson divide area and june 13, 2019 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00939 fmt 6652 sfmt 6201 to valid rights in on the date of the enactment of this the thompson divide withdrawal and area is withdrawn entry, appropriation, and disposal the public land laws; location, entry, and patent under the laws; and operation of the mineral leasing, materials, and geothermal leasing laws. thompson divide lease thompson divide withdrawal and area regard to this the term divide withdrawal and means the federal land and generally depicted as the divide and protection on the map thompson divide area and june 13, 2019 DATE . in addition to amounts available, there is appropriated to the bureau land management for ORG fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 500,000 MONEY to remain available until 30, 2026 DATE , to acquire, from willing sellers, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00940 fmt 6652 sfmt 6201 to oil or gas leases within the thompson withdrawal and protection area, provided such are in effect on the date of enactment of this all rights acquired under this subsection be permanently cancelled and unavailable for administrative the funds by this subsection, no more than 2 percent PERCENT be used for administrative costs to carry out subsection. fugitive coal mine methane use pilot pilot program area the of this subsection, the term program means the areas identified as mine capture on the map entitled thompson divide fugitive coal mine use pilot program and dated june 2019 DATE . in addition to amounts available, there is appropriated to the bureau land management for ORG fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 1,000,000 MONEY to remain available until 30, 2026 DATE , for carrying out a pilot program 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00941 fmt 6652 sfmt 6201 the pilot program area to inventory and, subject valid existing rights, to lease, capture, mitigate or methane emissions that would leak or be into the atmosphere from an active, inactive, abandoned underground coal mine. 70212 DATE . chaco canyon PERSON . the purposes of this section: chaco GPE cultural heritage withdrawal term cultural heritage means the federal land generally as the cultural heritage withdrawal on the map entitled cultural heritage and dated april 2, 2019 DATE . non-producing term means any oil and gas lease on land within the chaco cultural heritage on which drilling operations have not commenced before the end of the primary of the applicable lease; that is not producing oil and gas in quantities; and, that is not subject to a valid or unit plan of development. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00942 fmt 6652 CARDINAL sfmt 6201 to valid rights in on the date of enactment of this section, the chaco GPE heritage withdrawal area is withdrawn entry and disposal under the public land and location, entry, and patent under the mining operation of the mineral leasing, mineral and geothermal leasing laws. non-producing non-producing shall terminate pursuant to section 17(e) of the leasing act ( 30 u.s.c QUANTITY . 226(e)) and subpart 3108 CARDINAL title 43 DATE , code of federal regulations, and may not be response and 70301 CARDINAL . bureau of reclamation water funding. 10501 DATE of the omnibus public land act of 2009 DATE ( 43 u.s.c QUANTITY . 407 CARDINAL ) is amended as follows: in subsection (b), by adding at the end the additional addition to otherwise available, there is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00943 fmt 6652 CARDINAL sfmt 6201 DATE for fiscal year 2032 DATE and each fiscal thereafter out of any money in the not otherwise appropriated, $ 370,000,000 MONEY , deposit in the fund, to remain available expended; and for fiscal year 2022 DATE , out of any in the treasury ORG not otherwise $ 2,000,000,000 MONEY , for deposit the to remain available until september 30 DATE , except that no amounts may be expended september 30 DATE , in subsection in subparagraph (a), by striking of fiscal years 2020 DATE through 2034, the may expend from the fund an not to exceed and fiscal year 2022 DATE and each fiscal thereafter, the secretary may expend from fund not subparagraph (b), by striking than $120,000,000 MONEY , for any fiscal year DATE if amounts are available in the fund due to not reaching and than $ 370,000,000 MONEY for any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00944 fmt 6652 CARDINAL sfmt 6201 year DATE if such amounts are available in the for the fiscal year DATE in which expenditures made pursuant to subparagraph (d) and ( 2 CARDINAL ) and and by adding at the end the following: the secretary shall expend all in the fund available from deposits under subsection (b)(1) and subsection not later than the end of fiscal year DATE if, in the judgment of the secretary an annual DATE basis, the secretary is unlikely to the amounts as required under (c) because expenditures cannot be made activities authorized under paragraph ( 2 CARDINAL ), secretary shall expend from the fund on an basis any projected unspent amounts by later than the end of fiscal year 2031 DATE on to disadvantaged communities (identified to criteria adopted by the secretary) on grants to indian NORP tribes (as defined in 4 CARDINAL of the indian NORP self-determination and assistance act ( 25 u.s.c QUANTITY . 5304)), in manner as determined by the secretary, for to 100 percent PERCENT of the cost of the planning, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00945 fmt 6652 sfmt 6201 DATE or construction of water projects the purpose of which is to provide potable supplies to communities or households do not have reliable access to potable water a state or territory described in the first ORDINAL of the act of june 17, 1902 DATE ( 43 u.s.c QUANTITY . 32 CARDINAL stat. 388 CARDINAL , chapter in subsection (c), by amending paragraph to read as follows: non-tribal settlement secretary may expend money the fund to a settlement approved by congress ORG that resolves, whole or in part, litigation involving the states and a party that is not an indian NORP (as defined in section 4 LAW of the indian NORP and education assistance ( 25 u.s.c QUANTITY . 5304)), if the settlement or implementing legislation requires the of reclamation to provide financial for, or plan, design, and water supply infrastructure; or a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00946 fmt 6652 CARDINAL sfmt 6201 to rehabilitate a water system to conserve water; or to restore habitat or improve environmental conditions with or affected by, or within the same river basin as, federal reclamation project that is existence on march 30, 2009 DATE . tribal PERSON may expend money from the fund to a settlement agreement approved by that resolves, in whole or in part, concerning indian NORP water resources, if the agreement or implementing authorizes the secretary to provide assistance for, or plan, design, and water supply infrastructure; or a to rehabilitate a water system to conserve water; or to restore habitat or improve environmental conditions with or affected by, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00947 fmt 6652 CARDINAL sfmt 6201 within the same river basin as, federal reclamation in subsection (c)(3)(c), by striking any and inserting any use under paragraph ( 2 CARDINAL ) or paragraph by striking subsection (f). 70302 DATE . emergency drought relief. in addition to amounts otherwise there is appropriated to the bureau of for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 1,000,000,000 MONEY , to remain until september 30, 2026 DATE , except that no shall be expended after september 30, 2026 DATE , for drought relief actions carried out the reclamation states emergency drought act of 1991 DATE (public law the klamath basin water supply act of 2000 DATE (public law section 201 CARDINAL of division d of public law or section 1109 DATE of division ff of public law administrative the funds by this section, no more than 2 percent PERCENT may be used administrative costs to carry out this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00948 DATE fmt 6652 CARDINAL sfmt 6201 70303 DATE . emergency drought relief for tribes. addition to amounts otherwise available, there is to the bureau of reclamation for fiscal year DATE out of any money in the treasury ORG not otherwise $ 150,000,000 MONEY , to remain available until 30, 2026 DATE , except that no amounts may be after september 30, 2026 DATE , for near-term drought actions to mitigate drought impacts for indian NORP (as defined in section 4 LAW of the indian NORP and education assistance act ( 25 u.s.c QUANTITY . 5304)) are impacted by the operation of a bureau of water project, including through direct financial to address drinking water shortages and to for the loss of tribal trust resources. 70304 DATE . salton PERSON sea projects. in addition to amounts available, there is appropriated to the bureau reclamation for fiscal year 2022 DATE , out of any in the treasury not otherwise appropriated, to remain available until september 2031 DATE , except that no amounts may be expended september 30, 2031 DATE , to provide grants and into contracts and cooperative agreements to out projects located in the area of the salton 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00949 CARDINAL fmt 6652 sfmt 6201 in southern california GPE to improve air quality, and water quality, in partnership state, tribal, and local governments; water districts; joint powers authorities; nonprofit organizations; and institutions of higher education. cost non-federal share of cost of a project under this subsection shall be percent of the cost of the project. included projects described subsection (a) may construction, operation, maintenance, and design activities required for such and dust suppression projects. funding be eligible to receive non-tribal grantees must demonstrate with prevailing wage requirements. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00950 fmt 6652 CARDINAL sfmt 6201 70305 DATE . water resources research and institutes. in addition to amounts otherwise there is appropriated to the united states GPE survey for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 75,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for out section 104 LAW of the water resources research of 1984 DATE ( 42 u.s.c QUANTITY . 10303). administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70306 DATE . federal priority streamgages. in addition to amounts otherwise there is appropriated to the united states GPE survey for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 150,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , making operational streamgages that are identified by secretary of the interior as federal priority collaboration with non-federal united states geological survey shall the expenditure of funds available under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00951 fmt 6652 CARDINAL sfmt 6201 (a) in a manner that seeks to leverage the use of funds made available through streamgage agreements with states and local agencies to environmental quality and water supply reliability. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70307 DATE . snow water supply forecasting. in addition to amounts otherwise there is appropriated to the bureau of for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 50,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts be expended after september 30, 2031 DATE , for carrying section 1111 LAW of division ff of the consolidated act, 2021 DATE (public law administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70308 DATE . water technology investment. in addition to amounts otherwise there is appropriated to the bureau of for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 50,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00952 fmt 6652 CARDINAL sfmt 6201 be expended after september 30, 2031 DATE , for carrying section 1112 DATE of division ff of the consolidated act, 2021 DATE (public law administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70309 DATE . aquatic ecosystem restoration. in addition to amounts otherwise there is appropriated to the bureau of for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 250,000,000 MONEY , to remain until september 30, 2031 DATE , except that no may be expended before fiscal year 2027 DATE or after 30, 2031 DATE , for carrying out section 1109 of ff of the consolidated appropriations act, 2021 DATE law administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70310 DATE . large scale water reuse. this section: eligible term a state, indian NORP tribe, municipality, district, water district, wastewater 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00953 DATE fmt 6652 CARDINAL sfmt 6201 DATE or other organization with water or power authority; a state, regional, or local authority, members of which include 1 CARDINAL or more with water or power delivery authority; an agency established under state law the joint exercise of powers or a of entities described in subparagraphs (a) (b). indian NORP term the meaning given the term in section 4 LAW of the self-determination and education assistance ( 25 u.s.c QUANTITY . 5304). reclamation term means a state or territory described the first ORDINAL section of the act of june 17, 1902 DATE ( 32 388 CARDINAL , chapter 1093 LAW ; 43 u.s.c QUANTITY . 391 CARDINAL ). in addition to amounts otherwise there is appropriated to the bureau of for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 100,000,000 MONEY , to remain until september 30, 2031 DATE , except that no may be expended before fiscal year 2027 DATE or after 30, 2031 DATE , to provide nonreimbursable grants 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00954 fmt 6652 CARDINAL sfmt 6201 a competitive basis to eligible entities that shall not 25 percent PERCENT of the total cost of an eligible project the project advances at least a proportionate share nonreimbursable benefits authorized under the laws (including fish and wildlife benefits provided measurable reductions in water diversions from ecosystems) up to a maximum 75 percent PERCENT of the costs of an eligible project, to carry out the planning, and construction of projects to reclaim and reuse industrial, domestic, or agricultural wastewater impaired ground or surface waters that have a total cost of more than $500,000,000 MONEY and that substantial water supply and other benefits to stricken regions within the reclamation states for purposes helping to advance water management plans a multi-state area, such as drought plans in the colorado GPE river basin; providing multiple benefits, including water benefits drought-stricken tribes, and communities, fish and wildlife and water quality improvements; and reducing on environmental from water projects owned or operated by and state agencies, including through 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00955 fmt 6652 CARDINAL sfmt 6201 reductions in water diversions from imperiled total dollar bureau of shall not impose a total dollar cap on federal that applies to all individual projects funded this section. funding eligible project shall be considered ineligible for assistance under this because the project has received assistance authorized title xvi of public law or section 4009 LAW public law treatment of bureau of shall consider the planning, design, and of an eligible conveyance system to be for grant funding under this section. 70311 DATE . conveyance repairs and build back funds for solar canal conveyance addition to amounts available, there is appropriated to the bureau reclamation for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , provide nonreimbursable grants in a manner as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00956 fmt 6652 CARDINAL sfmt 6201 by the secretary of the interior (in this section to as the on a competitive basis to entities that in aggregate shall not exceed 33 CARDINAL of the total cost of an eligible project to carry out planning, design, and construction of projects to make non-recurring maintenance repairs to water facilities that do not enlarge the carrying capacity a conveyance facility beyond the capacity as previously for conveyance facilities in need of emergency restoration due to subsidence and experiencing drought for the purposes of increasing drought primarily through groundwater recharge. build back better funds for solar canal addition to amounts otherwise there is appropriated to the bureau of reclamation fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 100,000,000 MONEY , to remain until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for design, study, and implementation of projects pilot and demonstration projects) to cover conveyance receiving grants under subparagraph (a) with panels to generate renewable energy in a manner as by the secretary or for other solar projects with bureau of reclamation projects that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00957 fmt 6652 CARDINAL sfmt 6201 water efficiency and assist in implementation of energy goals. 70312 DATE . rio grande pueblos irrigation grants. addition to amounts otherwise available, there is to the bureau of reclamation for fiscal year DATE out of any money in the treasury ORG not otherwise $ 200,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for carrying out section of the omnibus public land management act of (public law and effective implementation 70401 DATE . efficient and effective nepa addition to amounts otherwise available, there is to the department of the interior for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 150,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , to provide for more and more effective environmental reviews under the environmental policy act of 1969 DATE through the and training of additional personnel, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00958 DATE fmt 6652 sfmt 6201 CARDINAL of programmatic assessments or templates, the of technical or scientific services, the of data or technology systems, stakeholder and engagement, and the purchase of new equipment. oceanic and administration 70501 CARDINAL . coastal ORG and great lakes restoration technical assistance. in addition to amounts otherwise there is appropriated to the national oceanic atmospheric administration for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , through direct expenditure, contracts, and cooperative agreements to provide funding and assistance for the purposes of restoring a estuarine, coastal, or great lake habitat; or adaptation to climate change, including by restoring, or establishing ecological features that coastal communities from sea-level rise, coastal or flooding; or designing or implementing blue projects. none of the funds provided by this section be subject to cost share or matching requirements. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00959 fmt 6652 sfmt 6201 administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70502 DATE . pacific coastal ORG salmon recovery fund. in addition to amounts otherwise there is appropriated to the national oceanic atmospheric administration for fiscal year 2022 DATE , out funds in the treasury ORG not otherwise appropriated to remain available until 2026 DATE , for the of climate resilience, habitat protection, and other restoration projects to recover pacific salmon. of the funds provided by this section shall be subject cost-sharing or matching requirements. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70503 DATE . noaa stock assessments. stock addition to amounts available, there is appropriated to the national and atmospheric administration for fiscal year DATE out of any money in the treasury ORG not otherwise $ 200,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amount may be expended september 30, 2031 DATE , for carrying out section 401 the magnuson-stevens fishery conservation and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00960 fmt 6652 sfmt 6201 CARDINAL reauthorization act of 2006 DATE ( 16 u.s.c QUANTITY . 1881) section 117 LAW of the marine mammal protection act 1972 DATE ( 16 u.s.c QUANTITY . 1386 DATE ) for fisheries data collections, and science, management, and ecosystem-based in support of federally managed marine administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70504 DATE . coastal hazards and sea level rise. addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 500,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , carrying out the provisions of section 12304 LAW of the coastal and ocean observation system act of ( 33 u.s.c QUANTITY . 3603 CARDINAL ), section 4 LAW of the digital coast act u.s.c. 1467 DATE ), section 310 CARDINAL of the coastal zone act of 1972 DATE ( 16 u.s.c QUANTITY . 1456c DATE ), section 303 LAW of hydrographic services improvement act of 1988 DATE ( 33 892a CARDINAL ), and the first ORDINAL section and section 2 LAW of the of august 6, 1947 DATE ( chapter 504 LAW ; 33 CARDINAL u.s.c. 883a PRODUCT and u.s.c. 883b), popularly known as the coast and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00961 fmt 6652 CARDINAL sfmt 6201 CARDINAL survey act of 1947 DATE ; for the purposes of making to the integrated ocean observing system; making to the shoreline mapping program; developing services, and coordinated decision-support with respect to coastal floods, sea level rise, lakes water level, and vertical land motion data and the research and development necessary to such products and services; producing and authoritative and timely data, maps, charts, tidal water level observations and information services for to plan for present and future coastal flood and to sustain the economic viability of ports and transportation system; and providing technical to states, insular areas, local governments, and user at-risk communities. 70505 CARDINAL . blue carbon. addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 95,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for out the provisions of section 117 LAW of the fishery conservation and management act of 2006 DATE ( 16 u.s.c QUANTITY . 1891a DATE ); and section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00962 fmt 6652 sfmt 6201 of the national marine sanctuaries act ( 16 u.s.c QUANTITY . for research and extension activities to quantify, map, and study blue carbon ecosystems protection and restoration efforts in blue carbon which include marine and coastal freshwater, and saltwater-fed ecosystems, such as coastal forest and other tidal or historically tidal wetlands have the capacity to sequester carbon from the for a period of not less than 100 years DATE in the gulf mexico LOC region. 70506 DATE . coastal hazards in united states GPE areas. addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 50,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for out the provisions of the integrated coastal and observation system act of 2009 DATE ( 33 u.s.c QUANTITY . 3601), 4 CARDINAL of the digital coast act ( 16 u.s.c QUANTITY . 1467 DATE , and 303 CARDINAL of the hydrographic services improvement ( 33 u.s.c QUANTITY . 892a ORG ) to improve weather data collection provide science, data, information, and impact-based support services to reduce tsunami, hurricane, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00963 DATE fmt 6652 CARDINAL sfmt 6201 drought, tide, and sea-level rise impacts in insular 70507 DATE . nmfs shoreside PERSON facilities. addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 150,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , carrying out the provisions of sections 404 CARDINAL through of the magnuson-stevens fishery conservation and act ( 16 u.s.c QUANTITY . to replace, or maintain aging facilities in need of repair or including piers, fisheries laboratories, and facilities. 70508 DATE . noaa vessel recapitalization. addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 300,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for recapitalization needs. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00964 fmt 6652 CARDINAL sfmt 6201 70509 DATE . civilian climate corps at noaa. noaa civilian climate addition amounts otherwise available, there is appropriated to national oceanic and atmospheric administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 120,000,000 MONEY , to remain available september 30, 2026 DATE , to carry out education and job projects that conserve, restore, construct, or natural, cultural, historic, archaeological, or scenic resources through direct expenditure, grants, and cooperative agreements. none of funds provided by this section shall be subject to cost- or matching requirements. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70510 CARDINAL . noaa hatcheries. noaa addition to amounts available, there is appropriated to the national and atmospheric administration, for fiscal year DATE out of any money in the treasury ORG not otherwise $ 250,000,000 MONEY , to remain available until 30, 2026 DATE , for grants to states and indian NORP tribes defined in section 4 LAW of the indian NORP self-determination education assistance act ( 25 u.s.c QUANTITY . 5304), to repair, and upgrade hatchery infrastructure for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00965 fmt 6652 sfmt 6201 CARDINAL of a marine fishery. none of the funds provided by section shall be subject to cost-sharing or matching funding be eligible to receive under this section, non-tribal grantees must compliance with prevailing wage requirements. 70511 DATE . electronic monitoring. electronic addition to otherwise available, there is appropriated to the oceanic and atmospheric administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 75,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for the purposes of the continued and timely implementation of monitoring and fishing effort reporting. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70512 DATE . working waterfronts. working addition otherwise available, there is appropriated to the oceanic and atmospheric administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 160,000,000 MONEY , to remain available until 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00966 fmt 6652 sfmt 6201 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for carrying out the of section 309 LAW of the coastal zone management ( 16 u.s.c QUANTITY . 1456b DATE ) through direct expenditure, grants, and cooperative agreements for projects preserve and protect coastal access for commercial activities. funding be eligible to receive under this section, the grantee must demonstrate with prevailing wage requirements. 70513 DATE . marine PERSON sanctuary and national research reserve ORG maintenance addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 98,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for out the provisions of the national marine act ORG ( 16 u.s.c QUANTITY . 1431 DATE ) and the coastal zone LOC act ( 16 u.s.c QUANTITY . 1461 DATE ) for construction, and renovation of facilities of national marine and national estuarine research reserves. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00967 DATE fmt 6652 sfmt 6201 70514 DATE . seafood import monitoring program addition to amounts otherwise available, there is to the national oceanic and atmospheric for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 2,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for out the provisions of section 307 LAW of the fishery conservation and management act ( 16 u.s.c QUANTITY . 1857(1)(q CARDINAL )), to expand the import monitoring program to apply to all and seafood products. states fish and service 70601. endangered species act recovery plans. in addition to amounts otherwise there is appropriated to the united states GPE fish wildlife service for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 75,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , the development and implementation of recovery plans section 4(f LAW ) of the endangered species act of 1973 DATE u.s.c. 1533(f)). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00968 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL candidate addition to the otherwise available, there is appropriated to the states fish and wildlife service for fiscal year DATE out of any money in the treasury ORG not otherwise $ 75,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for developing conservation agreements and candidate agreements with assurances for candidate and other species pursuant section 10 CARDINAL of the endangered act ( 16 u.s.c QUANTITY . 1539). 70602 DATE . endangered species act habitat addition to amounts otherwise available, there is to the united states GPE fish and wildlife for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 50,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts be expended after september 30, 2031 DATE , for united fish and wildlife service responsibilities in the review, and permitting of habitat conservation under section 10(a)(2) of the endangered species of 1973 DATE ( 16 u.s.c QUANTITY . 1539(a)(2)) and for state under section 6(d CARDINAL ) of the endangered species act 1973 DATE ( 16 u.s.c QUANTITY . 1535(d)). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00969 fmt 6652 CARDINAL sfmt 6201 70603 DATE . endangered species act interagency addition to amounts otherwise available, there is to the united states GPE fish and wildlife for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 40,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts be expended after september 30, 2031 DATE , for carrying consultations with federal agencies that undertake actions affecting endangered species and species under section 7 LAW of the endangered species of 1973 DATE ( 16 u.s.c QUANTITY . 1536 DATE ). 70604 DATE . funding for island plant conservation. in addition to amounts otherwise there is appropriated to the united states GPE fish wildlife service for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 25,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , the conservation of endangered species and threatened of plants in the hawaiian NORP islands and the pacific territories LOC of the united states GPE as authorized by 4 CARDINAL of the endangered species act of 1973 DATE ( 16 1533 DATE ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00970 fmt 6652 CARDINAL sfmt 6201 administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70605 DATE . funding for pollinator conservation. in addition to amounts otherwise there is appropriated to the united states GPE fish wildlife service for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 25,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , the conservation of endangered species and threatened of pollinators in the united states GPE as authorized section 4 LAW of the endangered species act of 1973 DATE ( 16 1533 DATE ). administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70606. funding for mussel conservation. in addition to amounts otherwise there is appropriated to the united states GPE fish wildlife service for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 25,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , the conservation of endangered species and threatened 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00971 fmt 6652 CARDINAL sfmt 6201 of freshwater mussels in the united states GPE as by section 4 LAW of the endangered species act of ( 16 u.s.c QUANTITY . 1533 DATE ). administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70607 DATE . funding for desert fish conservation. in addition to amounts otherwise there is appropriated to the united states GPE fish wildlife service for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, $ 25,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , the conservation of endangered species and threatened of desert fish in the southwestern united states authorized by section 4 LAW of the endangered species act 1973 DATE ( 16 u.s.c QUANTITY . 1533 DATE ). administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70608 DATE . funding for the united states GPE fish and service to address weather events. in addition to amounts otherwise there is appropriated to the united states GPE fish 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00972 fmt 6652 sfmt 6201 CARDINAL wildlife service for fiscal year 2022 DATE , out of any money treasury to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for the purposes of carrying out the fish wildlife act of 1956 DATE ( 16 u.s.c QUANTITY . 742a) and the fish wildlife coordination act ( 16 u.s.c QUANTITY . 661 CARDINAL ), through expenditure, contracts, grants, and cooperative for the purposes of rebuilding and restoring of the national wildlife refuge system, other public assets, and state wildlife management areas by addressing the threat of invasive species, the resiliency and capacity of habitats and to withstand weather events, or reducing the of damage caused by those events. none of the provided by this section shall be subject to cost- requirements. administrative the funds by this section, no more than 2 percent PERCENT shall be used administrative costs to carry out this section. 70609 DATE . funding for the united states GPE fish and service for wildlife conservation. addition to amounts otherwise available, there is to the united states GPE fish and wildlife 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00973 fmt 6652 sfmt 6201 DATE for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 10,000,000 MONEY , to remain until september 30, 2026 DATE , except that no amounts be expended after september 30, 2026 DATE , to carry out provisions of the fish and wildlife act of 1956 DATE ( 16 CARDINAL 742a) and the fish and wildlife coordination act u.s.c. 661 CARDINAL ) through direct expenditure,, contracts, and cooperative agreements, for mapping wildlife and providing assistance to states and indian NORP as defined in section 4 LAW of the indian NORP and education assistance act ( 25 u.s.c QUANTITY . 5304) the conservation and restoration of wildlife corridors. 70610 CARDINAL . funding for the united states GPE fish and service for grassland addition to amounts otherwise available, there is to the united states GPE fish and wildlife for fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 100,000,000 MONEY , to remain until september 30, 2026 DATE , except that no may be expended after september 30, 2026 DATE , to out the provisions of the fish and wildlife act of ( 16 u.s.c QUANTITY . 742a) and the fish and wildlife act ( 16 u.s.c QUANTITY . 661 CARDINAL ) through direct expenditure, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00974 fmt 6652 CARDINAL sfmt 6201 grants, and cooperative agreements, for the and restoration of grassland habitats. affairs 70701 CARDINAL . insular affairs hospital and other health infrastructure funding. addition to amounts otherwise available, there is to the department of the interior office of affairs for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 993,000,000 MONEY , remain available until september 30, 2031 DATE , except that amounts may be expended after september 30, 2031 DATE , hospitals and other critical health infrastructure in the amounts made available under this section be divided among the territories in accordance with identified by assessments completed by the of the interior, office of insular affairs, of health facilities in each territory, but not less than 35 CARDINAL shall be provided to guam, not less than 35 percent PERCENT be provided to the united states GPE virgin islands, not than 20 percent PERCENT shall be provided to the of the northern mariana islands, and not less than percent shall be provided to american NORP samoa. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00975 fmt 6652 CARDINAL sfmt 6201 70702 DATE . office of insular affairs climate technical assistance. in addition to amounts otherwise there is appropriated to the department of the office of insular affairs for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , to provide technical assistance for climate-change mitigation, adaptation, and resilience to united insular areas under the office of insular administrative the funds by this section, not more than 2 percent PERCENT shall be for administrative costs to carry out this section. 70703 DATE . settlement of claims against the united for certain residents of the of vieques GPE , puerto rico GPE . in addition to amounts otherwise there is appropriated to the department of the office of insular affairs, for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be made available after 30, 2031 DATE , to compensate through the of a special master, the municipality of vieques, and individual claimant who is or was a resident, the child 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00976 fmt 6652 sfmt 6201 a resident, or an immediate heir (as determined by the of puerto rico GPE ) of a deceased claimant who was a on the island of vieques GPE , puerto rico GPE , in the or after the united states GPE government used the of vieques GPE , puerto rico GPE , for military readiness. administrative the funds by this section, not more than 2 percent PERCENT shall be for administrative costs to carry out this section. 70704 DATE . definitions. the purposes of this subtitle: freely associated term associated means the republic of marshall islands, the federated states of and the republic of palau GPE . united states GPE -affiliated insular term states-affiliated insular means the territories and freely associated american NORP samoa, the commonwealth ORG of the mariana islands, guam GPE , puerto rico GPE , and virgin islands of the united states GPE . term means samoa, the commonwealth ORG of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00977 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL mariana islands, guam GPE , puerto rico GPE , or the islands of the united states GPE . and mineral 70801 DATE . offshore wind for the territories. application of outer continental shelf act with respect to territories of the in 2 CARDINAL of the outer shelf lands act ( 43 u.s.c QUANTITY . 1331 DATE ) in subsection by striking and the following: the by inserting after the lying within the exclusive zone of the united states GPE and outer continental shelf adjacent to any of the united and by adding at the end the the term continental does include any area conveyed by congress ORG to a government for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00978 fmt 6652 sfmt 6201 in subsection (p), by striking the semicolon at the end; in subsection (q), by striking the at the end and inserting and by adding at the end the following: the term means any of the several states also includes puerto rico GPE , guam GPE , american NORP samoa, virgin islands of the united states GPE , and the of the northern mariana 18 CARDINAL of the outer shelf lands act ( 43 u.s.c QUANTITY . 1344 DATE ) is by adding at the end the following: this section shall not apply to the scheduling of lease sale in an area of the outer continental shelf is adjacent to puerto rico GPE , guam GPE , american NORP samoa, virgin islands of the united states GPE , or the of the northern mariana wind lease sales for areas of the outer outer continental shelf act ( 43 u.s.c QUANTITY . 1331 et seq.) is amended by adding the end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00979 fmt 6652 CARDINAL sfmt 6201 33 DATE . wind lease sales for areas of the outer shelf offshore of of the united states GPE . wind lease sales off coasts of of the united call for information and secretary shall issue a call for and nominations for proposed wind lease sales areas determined to be feasible. conditional wind lease lying within the exclusive economic zone of the states adjacent to puerto rico GPE , guam GPE , samoa, the virgin islands of the united and the commonwealth ORG of the northern islands, the secretary shall conduct not less one wind lease sale in each such area, so long the secretary has concluded that a lease sale on the area is feasible. the secretary has determined that is sufficient interest in leasing the area. the secretary has consulted with relevant federal agencies regarding such the secretary has consulted with the of the territory regarding the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00980 fmt 6652 CARDINAL sfmt 6201 CARDINAL of the area for wind energy 70802 DATE . leasing on the outer continental shelf. leasing secretary of the is authorized to grant leases, easements, and pursuant to section 8(p)(1)(c LAW ) of the outer shelf lands act ( 43 u.s.c QUANTITY . 1337(p)(1)(c ORDINAL )) the areas withdrawn by the presidential memorandum on the withdrawal of certain of the united states GPE outer continental ORG shelf from (issued september 8, 2020 DATE ) and the memorandum entitled on the withdrawal of certain areas of the states outer continental ORG shelf from leasing (issued september 25, 2020 DATE ). presidential withdrawal of area of the outer continental shelf from leasing under 12(a) of the outer continental shelf lands act u.s.c. 1341(a)) issued after the date of enactment this act shall apply only to leasing authorized under (a) and (i) of section 8 LAW of the outer shelf lands act ( 43 u.s.c QUANTITY . 1337(a) and 1337(i)), otherwise specified. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00981 fmt 6652 CARDINAL sfmt 6201 70803 DATE . united states ORG geological survey. 3d CARDINAL elevation addition to otherwise available, there is appropriated to the states geological survey for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , to carry out the 3d CARDINAL elevation program u.s.c. 3104 DATE ). climate adaptation science to amounts otherwise available, there is to the united states GPE geological survey for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 100,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for the regional and climate adaptation science centers to provide information to help communities respond to change. 70804 DATE . fossil fuel resources. repeal of the arctic national wildlife oil and gas 20001 CARDINAL of law is repealed and any leases issued pursuant section 20001 CARDINAL of public law are hereby and all payments related to the leases shall be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00982 fmt 6652 sfmt 6201 to the lessee(s) within 30 days DATE of enactment of this protection of the eastern gulf LOC , atlantic GPE , pacific 8 CARDINAL of the outer shelf lands act ( 43 u.s.c QUANTITY . 1337 DATE ) is amended by at the end the following: prohibition of oil and gas leasing in areas of the outer continental secretary of the interior may not issue a lease or other authorization for the exploration, development, production of oil or natural gas in the areas of the continental shelf designated by section 104(a) of gulf of mexico energy security act of ORG 2006 DATE or in any within the atlantic region planning areas or the region planning areas (as such planning areas are in the document entitled 2022 DATE outer shelf oil and gas leasing proposed final dated november 2016 DATE , or a subsequent oil and leasing program developed under section 18 LAW of the continental shelf lands act ( 43 u.s.c QUANTITY . onshore fossil fuel royalty leasing act ( 30 u.s.c QUANTITY . 207 CARDINAL ) is in section 7(a LAW ), by striking and in section 17, 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00983 fmt 6652 sfmt 6201 CARDINAL striking each place such term and inserting and striking each place such term and inserting and in section 31(e LAW ), by striking both such term appears and inserting offshore oil and gas royalty 8 CARDINAL of the outer continental shelf lands act ( 43 1337 DATE ) is amended by each place such term appears and and inserting and each place such term appears oil and gas minimum 17 CARDINAL of the leasing act ( 30 u.s.c QUANTITY . 226 CARDINAL ) is in subsection by striking per and per acre, except as otherwise provided this and by striking onshore oil and leasing reform act of and h of the act to provide for pursuant to title ii of s. con. res. of the 117th 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00984 fmt 6652 sfmt 6201 in subsection ( b)(2)(c ORG ), by striking per and inserting per and by adding at the end the following: secretary by regulation, at least once every 4 years DATE , each of the dollar amounts that apply under (b)(1)(b), ( b)(2)(c ORG ), and (d) to reflect change in inflation; and publish each such regulation in the deferred coal bonus of the mineral leasing act ( 30 u.s.c QUANTITY . 201(a)) is in paragraph ( 1 CARDINAL ), by striking the second ORDINAL third ORDINAL sentences; and by striking paragraphs ( 4 CARDINAL ) and (5). fossil fuel rental section 7(a) of the mineral leasing act ( 30 207 CARDINAL ) is amended in the third ORDINAL sentence by a rental rate of not less than $100 MONEY per (as reviewed and, if appropriate, adjusted by secretary every 4 before the period. section 17(d) of the mineral leasing act u.s.c. 226(d PERSON )) is amended in the first ORDINAL sentence 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00985 fmt 6652 CARDINAL sfmt 6201 CARDINAL striking per acre per year for the first fifth years DATE of the lease and not less than $2 acre MONEY per year for each year and per acre per year during the 2-year DATE beginning on the date the lease begins for new and after the end of such two-year DATE period not than $5 per acre per section 31(e) of the mineral leasing act u.s.c. 188(e)) is amended by striking inserting fossil fuel lease term section 7 CARDINAL of the mineral leasing act ( 30 207 CARDINAL ) is in subsection in the first ORDINAL sentence, by striking and inserting in the second ORDINAL sentence, by striking and inserting and in the sixth ORDINAL by striking and and and by striking and in subsection (b)(5), by striking inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00986 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 17(e) of the mineral leasing act u.s.c. 226(e)) is amended by striking and inserting expression of interest 17 CARDINAL of mineral leasing act ( 30 u.s.c QUANTITY . 226 CARDINAL ), as amended by subtitle is amended by adding at the end the fee for expression of in secretary shall charge person who submits, in accordance with established by the secretary to carry out this an expression of interest in leasing land for disposition under this section for for, and development of, oil or gas a fee in amount determined by the secretary under ( 2 CARDINAL ). fee authorized under (1) shall be established by the secretary in an that is determined by the secretary to be to cover the aggregate cost of processing expression of interest under this subsection, but less than $15 MONEY per acre of the area covered by the expression of interest. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00987 fmt 6652 CARDINAL sfmt 6201 CARDINAL adjustment of secretary by regulation at least every 4 years DATE , establish higher expression of interest to reflect the change in inflation; and as the secretary determines to be to enhance financial returns to the elimination of noncompetitive mineral leasing act is in section 17(b LAW ) ( 30 u.s.c QUANTITY . 226(b)), by paragraph ( 3 CARDINAL ); to read as follows: by amending section 17(c) ( 30 u.s.c QUANTITY . lands made available for leasing under (b)(1) but for which no bid is accepted may be available by the secretary for a new round of sealed under such in section 17(e LAW ) ( 30 u.s.c QUANTITY . by striking and and inserting leases for tar sand and by striking and that follows through in section 31(d)(1 LAW ) ( 30 u.s.c QUANTITY . 188(d)(1 CARDINAL )) striking 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00988 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL in section 31(e) ( 30 u.s.c QUANTITY . in paragraph ( 2 CARDINAL ) by striking or the and all that follows and inserting a and in paragraph ( 3 CARDINAL ) by striking by striking subparagraph (b); by striking section 31(f) ( 30 u.s.c QUANTITY . 188(f)); in section 31(g LAW ) ( 30 u.s.c QUANTITY . in paragraph ( 1 CARDINAL ) by striking a and all that follows through the and inserting the same manner as original lease issued pursuant to section by striking paragraph ( 2 CARDINAL ) and paragraphs ( 3 CARDINAL ) and ( 4 CARDINAL ) as paragraphs and ( 3 CARDINAL ), respectively; and in paragraph ( 2 CARDINAL ), as redesignated, by applicable to leases issued under 17(c) of this act ( 30 u.s.c QUANTITY . 226(c)) and inserting oil and gas bonding 17(g CARDINAL ) of the mineral leasing act ( 30 u.s.c QUANTITY . 226(g)) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00989 fmt 6652 CARDINAL sfmt 6201 by inserting such bond, surety, or financial arrangement shall be considered if such bond, surety, or other financial is for less than $150,000 MONEY in the case of arrangement for an individual surface-disturbing of each entity on an individual oil or gas in a state, or $ 500,000 MONEY in the case of an for all surface-disturbing activities of entity on all oil and gas leases in a the (1); and by redesignating existing subsection (g) as by adding at the end the following new not later than 180 days DATE after the date enactment of subtitle h of the ORG act to provide for pursuant to title ii of s. con. res. 14 CARDINAL the 117th NORP congress the secretary concerned shall a rulemaking to require that an adequate surety, or other financial arrangement be by the lessee prior to the commencement of activities on any this act to ensure the complete and timely and reclamation of any land, water, or resources (including resources with recreation, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00990 fmt 6652 sfmt 6201 timber, mineral, watershed, fish or wildlife, scenic, scientific, or historical value) affected by lease activities and operations the abandonment or cessation of oil and gas on the lease. the secretary concerned shall find that a surety or other financial arrangement required regulation under subparagraph (a) is inadequate it is for less lease tract; the complete and timely reclamation of the restoration of any lands or waters adversely affected by lease after the abandonment or cessation of oil gas operations on the lease; and in the case of an idled well, the total and reclamation costs for each idled controlled by the same operator. the secretary concerned shall review the of each such bond, surety, or other arrangement at least once every 5 years DATE and a lease issued under this act is per-acre lease 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00991 fmt 6652 sfmt 6201 CARDINAL oil and gas lease secretary interior shall charge onshore and offshore oil and leaseholders the following annual, fees: conservation of resources is established a conservation of fee of $ 4 MONEY per acre per year on new federal onshore and offshore oil and gas speculative leasing is a speculative leasing fee of $ 6 MONEY per per year on new nonproducing federal and offshore oil and gas leases. funds collected pursuant to (1) shall be deposited into the united treasury general fund ORG . adjustment for of the interior shall, by regulation at least every four years DATE , adjust each fee created by (1) to reflect any increase in inflation. onshore oil and gas inspection in 108 CARDINAL of the federal and gas royalty management act of 1982 DATE ( 30 1718 DATE ) is amended by adding at the end the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00992 DATE fmt 6652 CARDINAL sfmt 6201 inspection in designated operator each oil and gas lease on federal or indian NORP or each unit and communitization agreement includes one CARDINAL or more such federal or indian NORP that is subject to inspection under subsection and that is in force at the start of the fiscal year DATE shall pay a nonrefundable annual inspection in an amount that, except as provided in ( 2 CARDINAL ), is established by the secretary by and is sufficient to recover the full costs by the united states GPE for inspection and with respect to such leases. the effective date of under paragraph ( 1 CARDINAL ), the amount of the fee $ 800 MONEY for each or unit or agreement with no active or wells, but with surface use, disturbance reclamation; $ 1,400 MONEY for each lease or unit or agreement with 1 CARDINAL to 10 CARDINAL wells, any combination of active or inactive wells; $ 5,600 MONEY for each lease or unit or agreement with 11 CARDINAL to 50 CARDINAL wells, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00993 DATE fmt 6652 CARDINAL sfmt 6201 any combination of active or inactive wells; $ 11,300 MONEY for each lease or unit or agreement with more than 50 CARDINAL with any combination of active or inactive due of the fee under section shall be due, annually DATE , not later than 30 CARDINAL after the secretary provides notice of the of the fee. the designated operator to pay the full amount of the fee as prescribed this section, the secretary may, in addition to any other applicable enforcement authority, civil penalties against the operator under 109 CARDINAL in the same manner as if this section were mineral leasing law. exemption for tribal that is a tribe or is controlled by a tribe not subject to paragraph ( 1 CARDINAL ) with respect to a unit, or communitization agreement that is entirely on the lands of such assessment for fiscal year DATE of the interior shall assess the fee under amendment made by paragraph ( 1 CARDINAL ) for fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00994 fmt 6652 sfmt 6201 2022 DATE , and provide notice of such assessment to designated operator who is liable for such fee, not later than 60 days DATE after the date of of this act. offshore oil and gas inspection 22 CARDINAL of the outer continental shelf lands act ( 43 1348 DATE ) is amended by adding at the end the inspection in secretary collect from the operators of facilities to inspection under subsection (c) fees for such at an aggregate level to offset the expenses of such inspections; using a schedule that reflect the in complexity among the classes facilities to be inspected; and accordance with (c). adjustment for fiscal year beginning after fiscal year DATE the secretary shall adjust the amount of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00995 fmt 6652 sfmt 6201 CARDINAL fees collected under this paragraph for fees for fiscal year DATE annual fiscal year DATE the secretary shall collect annual DATE from the operator of facilities that are the waterline, excluding drilling rigs, are in place at the start of the fiscal in the following amounts: $ 11,725 MONEY for facilities with no but with processing equipment gathering lines. $ 18,984 MONEY for facilities with 1 10 CARDINAL wells, with any combination of or inactive wells. $ 35,176 MONEY for facilities with than 10 CARDINAL wells, with any of active or inactive wells. fees for drilling year 2022 DATE , the secretary shall collect for each inspection from the operators drilling rigs in the following amounts: $ 34,059 MONEY per inspection for operating in water depths of 500 or more. CARDINAL 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00996 fmt 6652 CARDINAL sfmt 6201 $18,649 MONEY per inspection for operating in water depths of less 500 feet QUANTITY . fees for non-rig year 2022 DATE , the secretary shall collect for each inspection from the operators well operations conducted via non-rig as outlined in subparts d, e, f, and of part 250 CARDINAL of title 30 CARDINAL , code of federal (or any successor regulation), the following amounts: $ 13,260 MONEY per inspection for units operating water of 2,500 feet QUANTITY or more. $ 11,530 MONEY per inspection for units operating water between 500 and 2,499 feet CARDINAL . $ 4,470 MONEY per inspection for units operating water of less than 500 feet QUANTITY . collected as fees paragraph ( 1 CARDINAL ) shall be deposited into the fund of the treasury ORG . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00997 DATE fmt 6652 sfmt 6201 CARDINAL annual secretary shall designated operators under paragraph annually DATE , with payment required not than 30 days DATE after such billing. fees for drilling shall bill designated operators under (1)(c)(ii) not later than 30 days DATE the end of the month in which the occurred, with payment required not later 30 days DATE after such billing. secretary shall make available to the public the following about each fee deposited into the fund: the facility that was inspected. the name of the operator of such the amount of the severance secretary of interior collect annual DATE , non-refundable fees on fossil fuels from new leases on federal lands and the outer shelf and deposit the funds into the united treasury general fund ORG . such fees shall not less than $0.50 MONEY per barrel of oil on oil and natural gas produced from federal and the outer continental shelf; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00998 DATE fmt 6652 sfmt 6201 not less than $2 MONEY per metric ton of coal from federal lands. idled well in secretary shall, not than 180 days DATE after the date of enactment of section, issue regulations to require each of an idled well on federal land and the outer shelf to pay an annual DATE , nonrefundable for each such idled well in accordance with this as provided in (5), the amount of the fee shall be as follows: $ 500 MONEY for each well that has been an idled well for at least 1 year DATE , but not than 5 years DATE . $ 1,500 MONEY for each well that has been an idled well for at least 5 years DATE , but more than 10 years DATE . $ 3,500 MONEY for each well that has been an idled well for at least 10 years DATE , not more than 15 years DATE . $ 7,500 MONEY for each well that has been an idled well for at least 15 years DATE . due owner of an idled well that required to pay a fee under this subsection shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 00999 fmt 6652 CARDINAL sfmt 6201 to the secretary such fee by not later than 1 of each year. civil the operator of a idled fails to pay the full amount of a fee under this the secretary may assess a civil penalty the operator under section 109 LAW of the oil and gas royalty management act of 1982 DATE u.s.c. 1719) as if such failure to pay were a under such section. adjustment for shall, by regulation not less than once every years, adjust each fee under this subsection to for inflation. funds collected pursuant to (1) shall be deposited into the united treasury general fund ORG . idled well the of this section, the term means a that has been non-operational for at least two years DATE and for which there is no beneficial future use. annual DATE pipeline owners later 180 days DATE after the date of enactment of this act, bureau of safety and environmental enforcement issue regulations to assess an annual DATE fee on owners 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01000 fmt 6652 CARDINAL sfmt 6201 CARDINAL offshore oil and gas pipelines. such fee shall not qualify a transportation allowance or as a deductible cost in royalties due to the united states GPE and shall no less $ 10,000 MONEY per mile for such pipelines in water a depth of 500 feet QUANTITY or greater; and $ 1,000 MONEY per mile for pipelines in water depth under 500 feet QUANTITY . royalties on all extracted assessment on all in as provided in (b), royalties paid for gas from federal lands and on the outer shelf shall be assessed on all gas gas used or consumed within the of the lease tract for the benefit of lease; and all gas that is consumed or lost by or any equipment during upstream (a) shall apply with respect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01001 fmt 6652 CARDINAL sfmt 6201 gas vented or flared for not longer 48 hours TIME in an acute emergency that poses a danger to human health; gas used or consumed within the of the lease tract for the benefit of lease when the operator is a tribe or controlled by a tribe that is located on the lands of such tribe. conforming mineral leasing mineral act is in section 14 LAW (30 u.s.c. 223 CARDINAL ), by at the end the following: be assessed with respect to oil and other than gas vented or flared for not than 48 hours TIME in an acute situation that poses a danger to health and gas used or gas within the area of the lease tract the benefit of the lease when the is a tribe or is controlled by a tribe is located entirely on the lands of such without regard to whether oil or gas removed or sold from the leased 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01002 fmt 6652 CARDINAL sfmt 6201 CARDINAL in section 22 CARDINAL ( 30 u.s.c QUANTITY . 251 CARDINAL ), by or and in section 31 LAW (30 u.s.c. 188 CARDINAL ), by or each place it outer continental shelf lands outer continental shelf lands act section 6(a)(8 CARDINAL ) ( 43 u.s.c QUANTITY . by striking removed, each place it appears; and 8(a CARDINAL ) u.s.c. in paragraph ( 1 CARDINAL ), by striking removed, or each place appears; and by adding at the end the royalties under this act shall be assessed respect to oil and gas, other than gas vented flared for not longer than 48 hours TIME in an acute situation that poses a danger to human and gas used or gas consumed within the of the lease tract for the benefit of the lease the operator is a tribe or is controlled by a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01003 DATE fmt 6652 CARDINAL sfmt 6201 that is located entirely on the lands of such without regard to whether oil or gas is or sold from the leased elimination of royalty in outer continental shelf lands relating to the suspension of 8(a)(1)(h) of the outer lands act u.s.c. is amended by striking and suspension of royalties for a period, or value of production determined by the which suspensions may vary based the price of production from the outer continental shelf lands relating to the suspension of 8(a)(1)(h) of the outer lands act u.s.c. is amended by striking and suspension of royalties for a period, or value of production determined by the which suspensions may vary based the price of production from the outer continental shelf lands 8(a)(3 DATE ) of the outer continental 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01004 fmt 6652 sfmt 6201 CARDINAL lands act ( 43 u.s.c QUANTITY . 1337(a)(3 CARDINAL )) is and by striking subparagraphs (a) and by redesignating subparagraph as subparagraph (a). energy policy act of incentives for natural gas from deep wells in the waters of the gulf of 344 CARDINAL of the energy policy of 2005 DATE ( 42 u.s.c QUANTITY . 15904 DATE ) is repealed. deep water 345 CARDINAL of the energy policy act of 2005 DATE u.s.c. 15905) is repealed. future relief shall be permitted under a lease issued under section of the outer continental shelf lands act ( 43 1337 DATE ). provisions relating to naval reserve in 107 CARDINAL of the petroleum reserves production act of 1976 DATE u.s.c. 6506a DATE ) is in subsection (i), by striking ( 2 CARDINAL ) through (6); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01005 DATE fmt 6652 sfmt 6201 by striking subsection (k). royalty relief under the mineral 39 CARDINAL of the mineral act ( 30 u.s.c QUANTITY . 209 CARDINAL ) is repealed. conforming section 8721(b) of title 10 CARDINAL , united code, is amended by striking and inserting section 8735(a LAW ) of title 10 CARDINAL , united code, is amended by striking and inserting section 31(h LAW ) of the mineral act (30 u.s.c. 188(h)) is by striking the provisions of 39 CARDINAL of this 70805 DATE . civil and criminal penalties. mineral leasing 41 CARDINAL of the leasing act ( 30 u.s.c QUANTITY . 195 CARDINAL ) is in subsection (b), by striking inserting and in subsection (c), by striking inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01006 DATE fmt 6652 sfmt 6201 CARDINAL federal oil and gas royalty management of federal oil and gas royalty act of 1982 DATE is in section 109 LAW (30 u.s.c. subsection (a)(2), by striking and inserting by inserting subsection (c)(3), by striking and inserting subsection (d)(3), by striking and inserting by redesignating existing subsections through (l) as (f) through (m), respectively; by adding at the end: inflation adjustment of maximum the maximum civil penalty amounts listed subsections (a) through (d) shall automatically for inflation on the 1st day DATE of each calendar in accordance with the provisions of this the inflation adjustment under this shall be based on the consumer price index 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01007 fmt 6652 CARDINAL sfmt 6201 by the department of labor for all urban and shall be calculated by the change, if any, by which the for month of october DATE preceding the adjustment date the for the month of october one DATE before. the secretary will provide sufficient notice adjusted penalties by publishing the adjusted civil penalty amounts on a public website the department. the secretary will provide notice, in to the committee on natural resources of the intent to adjust such penalties 180 CARDINAL before publishing the adjusted maximum civil amounts on a public website of the under paragraph and in section 110 LAW , by striking and outer continental shelf lands of the outer continental shelf lands act (43 1350(b)) is amended to read as follows: civil in as provided in ( 2 CARDINAL ), any person who fails to comply with any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01008 fmt 6652 CARDINAL sfmt 6201 CARDINAL of this act, or any term of a lease, license, permit issued pursuant to this act, or any or order issued under this act, shall be liable a civil administrative penalty of not more than for each day of the continuance of such the secretary may assess, collect, and any such penalty. opportunity for a shall be assessed until the person charged with violation has been given an opportunity for a adjustment for shall, by regulation at least every 3 years DATE , the penalty specified in this paragraph to reflect increases in inflation. threat of a failure described paragraph ( 1 CARDINAL ) constitutes or constituted a threat harm or damage to life, property, any mineral or the marine, coastal, or human environment, civil penalty of not more than $150,000 MONEY shall be for each day of the continuance of the knowing and willful 24(c) of the outer continental shelf lands act 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01009 DATE fmt 6652 CARDINAL sfmt 6201 u.s.c. 1350(c)) amended by striking and inserting officers and agents of 24(d) of the outer continental lands act ( 43 u.s.c QUANTITY . 1350(d)) is amended by and willfully authorized, or carried and inserting carried out, or through reckless disregard of law 70806. technical amendments to fogrma. amendments to 3 CARDINAL of federal oil and gas royalty management act of 1982 DATE u.s.c. 1702 DATE ) is in paragraph (20)(a), by striking and all that follows through of judicial in paragraph (20)(b), by striking notice to the lessee who designated the in paragraph ( 23)(a DATE ), by striking notice to the lessee who designated the by amending paragraph ( 24 CARDINAL ) to read as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01010 fmt 6652 CARDINAL sfmt 6201 means a person who pays, or credits monies, makes adjustments, requests receives refunds, or submits reports with respect payments a lessee must make pursuant to section in paragraph ( 25 CARDINAL ), in subparagraph by striking to the provisions section 102(a) of this and in clause (ii), by striking subclause and all that follows through the end of the and inserting the following: any assignment, that arises or relates to any lease, right-of-way, permit, or other regardless of form by the secretary for, or any leasing law related to, the production, and of oil and gas or other energy on federal or the continental and in paragraph ( 29 CARDINAL ), by inserting compliance 101 CARDINAL of the oil and gas royalty management act of 1982 DATE ( 30 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01011 fmt 6652 sfmt 6201 1711 DATE ) is amended by adding at the end the new subsection: the secretary may, as an adjunct to audits of for leases, conduct compliance reviews of such reviews shall not constitute nor substitute audits of lease accounts. the secretary shall refer any disparity uncovered in such a compliance to a program auditor. the secretary shall, before of a compliance review, provide notice of the to designees whose obligations are the subject of liability for royalty of the federal oil and gas royalty management of 1982 DATE (30 u.s.c. 1712(a)) is amended to read as liability for royalty time and manner of to increase receipts and achieve effective of royalty and other payments, a lessee who required to make any royalty or other payment a lease, easement, right-of-way, permit, or agreement, regardless of form, or under the leasing laws, shall make such payment in time and manner as may be specified by the or the applicable delegated state. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01012 fmt 6652 CARDINAL sfmt 6201 person who pays, offsets, credits monies, makes adjustments, requests and refunds, or submits reports with respect to the lessee must make is the under this act. designee shall be liable for payment obligation of any lessee on whose the designee pays royalty under the lease. the owning operating rights in a lease and a owning legal record title in a lease shall be liable that pro rata share of payment under the 103(b) of the federal and gas royalty management act of 1982 DATE (30 u.s.c. is amended by striking and inserting adjustments and 111a PRODUCT of federal oil and gas royalty management act of 1982 DATE u.s.c. 1721a) is in subsection by amending paragraph ( 3 CARDINAL ) to read as an adjustment or a request for a for an obligation may be made after the period only upon written notice to and by the secretary or the applicable delegated 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01013 fmt 6652 sfmt 6201 DATE as appropriate, during an audit of the period includes the production month DATE for which the is being made. except as provided in subparagraph (c), adjustment may be made with respect to an after the completion of an audit or review of such obligation unless such is approved by the secretary or the applicable state, as appropriate. if an overpayment is identified during an the secretary shall allow a credit in the of the and in paragraph by striking and and by striking and and in subsection subparagraph (c), by striking in subparagraph (d), by striking the and inserting and by adding at the end the following: is made within the adjustment period that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01014 fmt 6652 CARDINAL sfmt 6201 CARDINAL obligation section 115(b)(1) of the federal oil and royalty management act of 1982 DATE (30 u.s.c. is amended to read as follows: the secretary or a delegated state shall a judicial proceeding or demand which from, or relates to an obligation, within seven CARDINAL from the date on which the obligation becomes and if not so commenced shall be barred. a shall commence a judicial proceeding or demand arises from, or relates to an obligation, within years DATE from the date on which an obligation due and if not so commenced shall be barred. the secretary, a delegated state, a lessee, or is barred from commencement of a judicial or demand for an obligation, shall not take any other or further regarding that obligation, including (but limited to) the issuance of any order, demand or other communication seeking document, accounting, determination, recalculation, payment, principal, assessment, or penalty or the initiation, or completion of an audit with respect that obligation; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01015 fmt 6652 sfmt 6201 CARDINAL shall not pursue any other equitable whether under statute or common with respect to an action on, defense or an enforcement of said section 115(c) of the federal oil and gas management act of 1982 DATE (30 u.s.c. is amended by adding at the end the new paragraph: the case of an under section 111a(a) in which a recoupment the lessee results in an underpayment of an the obligation becomes due on the date the or its designee makes the 115(h) of the federal oil and royalty management act of 1982 DATE (30 u.s.c. is in paragraph ( 1 CARDINAL ), in the heading, by and inserting by striking each place it and inserting and by striking each place it and inserting penalty for late or incorrect reporting 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01016 fmt 6652 CARDINAL sfmt 6201 in secretary of the shall issue regulations by not later than 1 year DATE the date of enactment of this act that establish civil penalty for late or incorrect reporting of data the federal oil and gas royalty management of 1982 DATE . amount of the civil penalty an amount that the secretary is sufficient to ensure filing of data in with that act; and not less than $10 MONEY for each failure to correct data in accordance with that act. content of as in paragraph ( 2 CARDINAL ), the regulations issued this section shall be substantially similar to 216.40 CARDINAL of title 30 CARDINAL , code of federal as most recently in effect before the date of of this act. shared 206 CARDINAL of the federal and gas royalty management act of 1982 DATE (30 u.s.c. is amended by striking payments under this shall be reduced by an amount equal to any provided or due to such state or indian NORP tribe under cooperative agreement or delegation, as applicable, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01017 fmt 6652 CARDINAL sfmt 6201 the fiscal year DATE in which the civil penalty is received, to the total amount provided or due for that fiscal adjustments and 111a PRODUCT of federal oil and gas royalty management act of 1982 DATE u.s.c. 1721a) is in subsection by amending paragraph ( 3 CARDINAL ) to read as an adjustment or a request for a for an obligation may be made after the period only upon written notice to and by the secretary or the applicable delegated as appropriate, during an audit of the period includes the production month DATE for which the is being made. except as provided in subparagraph (c), adjustment may be made with respect to an after the completion of an audit or review of such obligation unless such is approved by the secretary or the applicable state, as appropriate. if an overpayment is identified during an the secretary shall allow a credit in the of the and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01018 fmt 6652 CARDINAL sfmt 6201 in paragraph by striking and and by striking and and in subsection subparagraph (c), by striking in subparagraph (d), by striking the and inserting and by adding at the end the following: is made within the adjustment period that tolling agreements and tolling 115(d)(1 CARDINAL ) the federal oil and gas royalty management act 1982 DATE ( 30 u.s.c QUANTITY . 1724(d)(1)) is by striking notice to the lessee designated the and by adding at the end tolling executed by a designee shall bind both the of legal record title in a lease and the of operating rights in a lease, and any the owner of the legal record title the owner of operating rights in a lease 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01019 fmt 6652 CARDINAL sfmt 6201 be bound by the tolling agreement to the of their pro rata share of payment under the 115(d)(2)(a) of the oil and gas royalty management act of ( 30 u.s.c QUANTITY . 1724(d)(2)(a)) is amended by notice to the lessee who designated designee, which notice shall not constitute a to the required recordkeeping for natural gas not later than 1 year DATE after the date of of this act, the secretary of the interior publish final regulations with respect to recordkeeping, under the authority provided section 103 LAW of the federal oil and gas royalty act of 1982 DATE ( 30 u.s.c QUANTITY . 1713 DATE ), as by this act. section 103(a) of the federal oil and gas management act of 1982 DATE (30 u.s.c. is amended to read: a lessee, operator, or other person directly in developing, producing, treating, transporting, purchasing, or selling oil or gas subject to this through the point of first sale, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01020 fmt 6652 CARDINAL sfmt 6201 of royalty determination, or the point that is complete, whichever is later, shall establish and any records, make any reports, and provide any that the secretary may, by rule, reasonably for the purposes of implementing this chapter or compliance with rules or orders under this upon the request of any officer or employee duly by the secretary or any state or indian NORP tribe an audit or investigation pursuant to this the appropriate records, reports, or information may be required by this section shall be made for inspection and duplication by such officer or state, or indian NORP directed later than days DATE after the date of enactment of this act, the of the interior shall publish final prescribing when a federal lessee or designee report and pay royalties on oil and gas for each month DATE based the volume of oil and gas produced a lease or allocated to the lease in with unit agreement; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01021 fmt 6652 CARDINAL sfmt 6201 the actual volume of oil and gas sold or on behalf of the lessee. 100 percent PERCENT entitlement reporting secretary shall give to requiring all reporting and paying based on volume of oil and gas produced from a lease or to the lease in accordance with the terms a unit or communitization agreement without to the actual volume of oil and gas sold by or behalf of a lessee. volume allocation of oil and gas 111(i PERSON ) of the federal oil and royalty management act of 1982 DATE (30 u.s.c. is amended to read: volume allocation of oil and gas as otherwise provided by this a lessee or its designee of a lease in any or communitization agreement shall report and royalties on oil and gas production for each month DATE based on the volume of oil and gas from such agreement and allocated to the in accordance with the terms of the agreement; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01022 fmt 6652 CARDINAL sfmt 6201 a lessee or its designee of a lease that is contained in a unit or communitization shall report and pay royalties on oil and gas for each production month DATE based on the of oil and gas produced from the lease unless secretary promulgates a final rule to allow or that the lessee report and pay royalties on oil gas production for each production month DATE based the actual volume of production sold by or on of that 70807 DATE . hardrock mining. abandoned mine land addition amounts otherwise available, there is appropriated to bureau of land management for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , for all activities necessary to inventory, decommission, reclaim, respond to hazardous releases on, and remediate abandoned locatable mine land. in as provided in ( 2 CARDINAL ) and subject to paragraph ( 3 CARDINAL ), production all locatable minerals from any mining claim 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01023 fmt 6652 CARDINAL sfmt 6201 DATE under the general mining laws and maintained compliance with this act, or mineral concentrates products derived from locatable minerals from such mining claim, as the case may be, shall be to a royalty of 8 percent PERCENT of the gross income mining. the claim holder or any operator to the claim holder has assigned the obligation make royalty payments under the claim and any who controls such claim holder or operator be liable for payment of such royalties. royalty for federal lands subject approved plan of royalty paragraph ( 2 CARDINAL ) shall be 4 percent PERCENT in the case any federal land that is subject to an approved of operations on the date of the enactment of act. federal land added to existing plans federal land added through plan modification to a mining plan of operations is submitted after the date of enactment of this shall be subject to the royalty that applies to land under paragraph ( 1 CARDINAL ). limitation on in royalty under this shall not apply to small miners. in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01024 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL subparagraph, the term a person (including all related parties that certifies to the secretary in that the person had annual DATE gross income in preceding calendar year from mineral in an amount less than $100,000 MONEY . related parties the of this paragraph, the term means, with respect to a the spouse and all dependents (as in section 152 LAW of the internal code of 1986 DATE ( 26 u.s.c QUANTITY . 152 CARDINAL )) of the or another person who is affiliated the person, another person who controls, controlled by, or is under common with the person; and a subsidiary or parent or corporation of the person. control purposes of paragraph, the term includes control, legal control, and the power to control, through or by common directors, stockholders, a voting trust, or a 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01025 fmt 6652 sfmt 6201 CARDINAL company or investment company, or any means. duties of claim holders, operators, secretary shall by rule the time and manner in a person who is required to make royalty payment under this section shall such payment; and shall notify the secretary of any that such person may have of the obligation to make any royalty other payment under a mining claim this section. written person royalties under this section shall file a instrument, together with the first payment, affirming that such person is for making proper payments for all due for all time periods for which such has a payment responsibility. additional for the periods referred to in (b) shall include any and all additional 23, 2021 CARDINAL ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01026 fmt 6652 sfmt 6201 billed by the secretary and determined be due by final agency or judicial action. joint and several liable for royalty payments under this who assigns any payment obligation remain jointly and severally liable for all payments due for the period. person conducting activities develop and comply with the site provisions in the mining plan of designed to protect from theft hardrock minerals, concentrates, or derived therefrom that are or stored on the area subject to a claim or lease, and such provisions conform with such minimum as the secretary may prescribe by taking into account the variety of on areas subject to mining and leases; and not later than the 5th ORDINAL business after production begins anywhere on area subject to a mining claim, or resumes after more than 90 days 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01027 fmt 6652 CARDINAL sfmt 6201 production was suspended, notify the in the manner prescribed by the of the date on which such has begun or resumed. required may by rule require any person in transporting a hardrock mineral, or product derived therefrom to carry his or her person, in his or her vehicle, or his or her immediate control, documentation at a minimum, the amount, origin, intended destination of the hardrock concentrate, or product derived therefrom such circumstances as the secretary is appropriate. recordkeeping and reporting in claim holder, or other person directly involved in producing, processing, transporting, or selling hardrock minerals, or products derived therefrom, to this section, shall establish and maintain records, make any reports, and provide any that the secretary may reasonably 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01028 fmt 6652 CARDINAL sfmt 6201 for the purposes of implementing this or determining compliance with rules or under this section. such records shall periodic reports, records, documents, and data. such reports may also include technical and financial data relating to the quality, composition volume, weight, assay of all minerals extracted from the claim or lease. by a claim or operator to cooperate with such an provide data required by the secretary, grant access to information may, at the of the secretary, be declared void. maintenance of by the secretary under this section be maintained for 7 years DATE after release of assurance unless the secretary notifies operator that the secretary has initiated an or investigation involving such records that such records must be maintained for longer period. in any case when an audit or underway, records shall be until the secretary releases the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01029 fmt 6652 CARDINAL sfmt 6201 of the obligation to maintain such secretary is authorized to such audits of all operators, transporters, processors, or other persons directly or involved in the production or sale of covered by this section, as the secretary deems for the purposes of ensuring compliance the requirements of this section. for purposes performing such audits, the secretary shall, at times and upon request, have access to, may copy, all books, papers and other that relate to compliance with any provision this section by any person. interest and substantial payments not the of production where royalty payments are received by the secretary on the date that payments are due, the secretary shall interest on such underpayments at the interest rate as the rate applicable under 6621(a)(2) of the internal revenue of 1986 DATE . in the case of an underpayment, shall be computed and charged only on 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01030 fmt 6652 CARDINAL sfmt 6201 amount of the deficiency and not on the amount. there is any of royalty owed on production any production month by any person liable royalty payments under this section, the shall assess a penalty of not greater 25 percent of the amount of that secretary waive or reduce the assessment provided in (b) if the person liable for payments under this section corrects the before the date such person notice from the secretary that an may have occurred, or before 90 days DATE the date of the enactment of this section, is later. secretary shall waive portion of an assessment under (b) attributable to that portion of the for which the person responsible paying the royalty demonstrates such person had written from the secretary to report royalty 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01031 fmt 6652 CARDINAL sfmt 6201 the value of the production on basis on it was reported; such person had substantial for reporting royalty on the value the production on the basis on which it reported; such person previously had the secretary, in such manner as the may by rule prescribe, of reasons or facts affecting the royalty of specific production which led the underreporting; or such person meets any other which the secretary may, by rule, the purposes of subsection, the term the difference between the royalty on the of the production that should have been and the royalty on the value of the which was reported, if the value that have been reported is greater than the that was reported. expanded royalty liable for royalty payments under this section 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01032 fmt 6652 sfmt 6201 be jointly and severally liable for royalty on all minerals, concentrates, or products derived lost or wasted from a mining claim when loss or waste is due to negligence on the part any person or due to the failure to comply with rule, regulation, or order issued under this gross income from mining the purposes of this section, for any hardrock the term income from has same meaning as the term in the revenue code of 1986 DATE ( 26 CARDINAL c.f.r. 61 CARDINAL ). effective under this shall take effect with respect to the of hardrock minerals after the enactment of this but any royalty payments attributable to during the first ORDINAL 12 calendar months after enactment of this act shall be payable at the of such 12-month DATE period. failure to comply with royalty person who fails to comply with requirements of this section or any regulation or issued to implement this section shall be liable a civil penalty under section 109 LAW of the federal and gas royalty management act ( 30 u.s.c QUANTITY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01033 fmt 6652 sfmt 6201 to the same extent as if the claim maintained compliance with this title were a lease under such reclamation imposition of as provided paragraph (7), each operator conducting hardrock activities shall pay to the secretary of the a reclamation fee of 7 cents MONEY per ton of material. payment reclamation shall be paid not later than 60 days DATE after the of each calendar year beginning with the first year DATE occurring after the date of enactment this act. submission of operators hardrock mineral activities shall submit the secretary a statement of the amount of material produced during mineral activities the previous calendar year DATE , the accuracy of shall be sworn to by the operator and corporate officer, agent, or of a person conducting hardrock mineral and any other person acting on behalf of a person, who knowingly makes any false 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01034 fmt 6652 CARDINAL sfmt 6201 CARDINAL representation, or certification, or knowingly to make any statement, representation, or required under this section with respect to operation shall, upon conviction, be punished a fine of not more than $10,000 MONEY . civil action to recover of such reclamation fee not properly or paid pursuant to this section shall be recoverable, statutory interest, from the hardrock mineral operator, in any court of competent in any action at law to compel payment of state. in this section requires reduction in, or otherwise affects, any similar fee under any law (including regulations) of fee under this section not apply for small miners. the term means unprocessed ore and waste dislodged from location at the time hardrock mineral begin at a surface, underground, or in-situ the term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01035 CARDINAL fmt 6652 sfmt 6201 means any mineral that was to location under the general mining as of the date of enactment of this and that is not subject to disposition the mineral leasing act ( 30 181 CARDINAL et seq.); the geothermal steam act of ( 30 u.s.c QUANTITY . 1001 et seq.); the act of july 31, 1947 DATE , known as the materials act 1947 ( 30 u.s.c QUANTITY . 601 CARDINAL et seq.); or the mineral leasing for lands act ( 30 u.s.c QUANTITY . 351 CARDINAL et and does not include any mineral that subject to a restriction against alienation by the united states GPE and held in trust by the united for any indian NORP or indian NORP tribe, defined in section 2 LAW of the indian development act of 1982 DATE ( 25 2101 DATE ); or owned by any indian NORP or tribe, as defined in that section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01036 fmt 6652 CARDINAL sfmt 6201 the term means activity on a mining claim, mill site, or site, or a mining plan of operations, for, to, or incidental to, mineral exploration, beneficiation, processing, or activities for any hardrock mineral. the term means any authorized at the date of enactment of this or proposing after the date of enactment of act to conduct mineral activities under the law of 1872 DATE ( 30 u.s.c QUANTITY . 22)and CARDINAL any of such person. the term means a (including all related parties thereto) that to the secretary in writing that the had annual gross income in the calendar year DATE from mineral production an amount less than $100,000 MONEY . the term means crude ore and waste dislodged from its at the time hardrock mineral activities at a surface, underground, or in-situ claim maintenance 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01037 fmt 6652 sfmt 6201 hardrock mining claim maintenance required for each unpatented mining claim, or tunnel site on federally owned whether located before, on, or after date of enactment of this act, each shall pay to the secretary, on or september 1 of each year DATE , a claim fee of $ 200 MONEY per claim to hold unpatented mining claim, mill or site for the assessment year DATE beginning noon TIME on the next day DATE , september 1. for each unpatented placer claim on federally owned lands, located before, on, or after the date of of this act, each claimant shall to the secretary, on or before 1 of each year DATE , a claim fee of $ 200 MONEY for each 20 acres QUANTITY of the claim or portion thereof. such claim maintenance fee in this section shall be in lieu of assessment work requirement in the mining law of 1872 DATE ( 30 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01038 CARDINAL fmt 6652 CARDINAL sfmt 6201 28 et seq.) and the related filing contained in section 314 LAW (a) (c) of the federal land policy and act of 1976 DATE ( 43 u.s.c QUANTITY . 1744 DATE and (c)). the claim maintenance fee in this shall be paid for the year DATE in which location is made, at the time the notice is recorded with the bureau of management ORG . fee the secretary shall provide notice of any adjustment made under subsection not later than july 1 of year DATE in which the adjustment is made. a fee adjustment under this shall begin to apply the first year DATE which begins after is made. exception for small maintenance fee required under this may be waived for a claimant who certifies writing to the secretary that on the date the was due, the claimant and all related 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01039 fmt 6652 CARDINAL sfmt 6201 held not more than 10 CARDINAL mining mill sites, or tunnel sites, or any thereof, on public lands; and have performed assessment work under the mining law of 1872 DATE u.s.c. to maintain the claims held by the claimant and such parties for the assessment year on noon of september 1 of the year in which payment of the claim fee was due. co-ownership of the mining law of 1872 DATE ( 30 u.s.c QUANTITY . 28 CARDINAL et shall remain in effect except that the annual DATE maintenance fee, where applicable, shall applicable assessment requirements and failure to to timely pay claim maintenance fee as required by the shall conclusively constitute a forfeiture of the mining claim, mill or tunnel site by the and the claim shall be deemed null and by operation of law. funding to prevent environmental from addition to amounts otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01040 fmt 6652 sfmt 6201 there is appropriated to the bureau of land for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 3,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , to rules and regulations to prevent undue degradation public lands due to hardrock mining activities as by the federal land policy and management act u.s.c. 1701) and the mining law of 1872 DATE (30 u.s.c. of native relations 70901. native hawaiian NORP consultation. addition to amounts otherwise available, there is to the office of native hawaiian NORP relations fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 3,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts be expended after september 30, 2031 DATE , for the of conducting consultations with the native people. 70902. native hawaiian NORP climate resilience. addition to amounts otherwise available, there is to the office of native hawaiian NORP relations fiscal year 2022 DATE , out of any money in the treasury 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01041 fmt 6652 CARDINAL sfmt 6201 CARDINAL otherwise appropriated, $ 30,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts be expended after september 30, 2031 DATE , through expenditure, contracts, grants, and cooperative to provide funding and technical assistance for resilience and adaptation programs that serve the hawaiian NORP people. for 71001 DATE . oversight. half CARDINAL of one percent of the amounts made under this title in each of fiscal years 2022 DATE through shall be used for the oversight and accountability the expenditure of funds. 71002 DATE . limitation. the funds provided under sections 70301 DATE , 70303 DATE , 70504 DATE , 70505 DATE , 70506 DATE , 70507 DATE , 70508 DATE , 70510 DATE , 70513 DATE , 70514 DATE , 70601 DATE , 70602 DATE , 70603 DATE , 70609 DATE , and no more than 2 percent PERCENT shall be used for costs to carry out such sections. 71003 DATE . limitation. funds made available under this title may be used close the national office of the bureau of land located in grand junction, colorado GPE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01042 fmt 6652 CARDINAL sfmt 6201 on and reform 80001. general services administration ORG clean fleet. addition to amounts otherwise available, there is to the general services administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 5,000,000,000 MONEY , to remain until expended, for the procurement of electric and related infrastructure for the federal fleet any vehicles of the united states GPE postal service including non-tactical vehicles of the department of and the management, acquisition, and allocation such electric vehicles and infrastructure and working federal agencies to allocate and lease resources as 80002 CARDINAL . general services administration ORG office the inspector general clean fleet oversight. addition to amounts otherwise available, there is to the office of the inspector general of the services administration for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended, for of the procurement of electric vehicles and related 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01043 fmt 6652 sfmt 6201 for the federal fleet at the general services 80003 CARDINAL . united states postal service ORG ; clean fleet and facility maintenance. addition to amounts otherwise available, there is to the united states GPE postal service for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 7,000,000,000 MONEY , to remain available until to be deposited into the postal service fund under section 2003 DATE of title 39 CARDINAL , united states GPE to acquire electric vehicles for the postal service of which $ 3,000,000,000 MONEY shall be for the purchase electric delivery vehicles and $ 4,000,000,000 MONEY shall be the purchase of the related infrastructure to support vehicles. 80004 CARDINAL . united states postal service office of inspector ORG general clean vehicle procurement oversight. addition to amounts otherwise available, there is to the office of the inspector general of the states postal service for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until expended, to be into the postal service fund established under 2003 DATE of title 39 CARDINAL , united states code, to perform 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01044 fmt 6652 CARDINAL sfmt 6201 of the united states GPE postal acquisition deployment of electric vehicles and such infrastructure may be required to support such vehicles. 80005 CARDINAL . national archives and records ORG addition to amounts otherwise available, there is to the national archives and records for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 60,000,000 MONEY to available until expended to address backlogs in to requests from veterans for military personnel improve cyber security, improve digital and access to archival federal records, and address in requests made under section 552 LAW of title 5 CARDINAL , states code (commonly referred to as the freedom information act). such amounts may also be used for federal records center program. 80006. funding for government accountability addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 25,000,000 MONEY , to available until expended, for the comptroller to conduct oversight of the receipt, disbursement, and of funds and exercise of authorities provided by this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01045 fmt 6652 sfmt 6201 including oversight of the equitable distribution and of funds and their economic, social, and environmental and to prepare such reports that the comptroller determines appropriate. 80007 DATE . funding for the office of management budget ORG for implementation of addition to amounts otherwise available, there is to the office of management and budget for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 4,000,000 MONEY to remain available september 30, 2026 DATE , for additional personnel and management expenses to support implementation of justice40 GPE initiative set forth in section 223 LAW of order no. 14008 DATE , order on tackling the crisis at home and (january 27, 2021), providing assistance to other agencies in the and implementation of methodologies to benefits, the development of a database to track benefits to disadvantaged communities, and a public- scorecard detailing agency environmental justice measures. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01046 fmt 6652 sfmt 6201 80008 DATE . district of columbia ORG clean vehicle addition to amounts otherwise available, there is to the district of columbia for fiscal year DATE out of any money in the treasury ORG not otherwise $ 10,000,000 MONEY , to remain available until for the procurement of electric vehicles and infrastructure for the district of columbia and the and acquisition of such electric vehicles and 80009 DATE . funding for technology modernization addition to amounts otherwise available, there is to the technology modernization fund for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 1,000,000,000 MONEY , to remain until september 30, 2031. DATE 80010 DATE . funding for general services federal citizen services fund. addition to amounts otherwise available, there is to the general services administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 2,000,000,000 MONEY , to remain until september 30, 2031 DATE , to be deposited in the citizen services fund. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01047 fmt 6652 CARDINAL sfmt 6201 80011 DATE . funding for information technology and reform (itor) account. addition to amounts otherwise available, there is to the office of management and technology oversight and reform (itor) within the executive office of the president for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 350,000,000 MONEY , to remain available september 30, 2031 DATE . space, and 90001 CARDINAL . department of commerce regional addition to amounts otherwise available, there is to the department of commerce for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 5,000,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for planning and of regional innovation initiatives pursuant to the act, and for related administrative of the funds provided by this section for regional initiatives, no fewer than one-third of grants cooperative agreements awarded shall significantly a state that is eligible to receive funding from the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01048 fmt 6652 CARDINAL sfmt 6201 CARDINAL program to stimulate competitive research the national science foundation ORG or a rural or other community. 90002 DATE . funding for department of energy infrastructure. office of science to amounts otherwise available, there is appropriated the department of energy office of science for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 10,391,804,000 MONEY , to remain available until 30, 2026 DATE , to carry out laboratory projects, $ 7,780,566,000 MONEY for construction projects, $ 220,000,000 MONEY shall be used for the computing project; $ 493,600,000 MONEY shall be used for the exascale computing system; $ 427,400,000 MONEY shall be used for the exascale computing system; $ 155,400,000 MONEY shall be used for to the national energy research ORG computing center; $ 38,616,000 MONEY shall be used for the sciences network; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01049 fmt 6652 CARDINAL sfmt 6201 $157,000,000 MONEY shall be used for the photon source upgrade; $ 729,800,000 MONEY shall be used for the neutron source proton power and second ORDINAL target station; $ 337,600,000 MONEY shall be used for the light source upgrade; $ 472,850,000 MONEY shall be used for the coherent light source-ii, including the energy upgrade; $ 86,000,000 MONEY shall be used for the repair and maintenance facility; $ 25,000,000 MONEY shall be used for the flux isotope reactor pressure vessel $ 1,325,000,000 MONEY shall be used for states contributions to the iter as authorized in section 972(c) of the policy act of 2005 DATE u.s.c. $ 212,300,000 MONEY shall be used for the in extreme conditions upgrade; $ 581,000,000 MONEY shall be used for the improvement plan-ii project; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01050 DATE fmt 6652 CARDINAL sfmt 6201 $1,300,000,000 MONEY shall be used for the baseline neutrino facility/deep neutrino experiment; $ 13,000,000 MONEY shall be used for the to electron conversion experiment; $ 806,000,000 MONEY shall be used for the ion collider; $ 213,000,000 MONEY shall be used for the ridge national laboratory radioisotope facility; and $ 187,000,000 MONEY shall be used for the states stable isotope production and center; of $ 1,470,238,000 MONEY for major items of $ 302,000,000 MONEY shall be used for the performance data facility; $ 90,000,000 MONEY shall be used for the science research center project; $ 83,500,000 MONEY shall be used for the synchrotron light source-ii tools ii project; $ 59,200,000 MONEY shall be used for the plasma exposure experiment; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01051 fmt 6652 CARDINAL sfmt 6201 $567,875,000 MONEY shall be used for such for the high energy physics program, $ 237,000,000 MONEY cosmic background-stage 4 and $223,875,000 MONEY for upgrades to the hadron collider; and $ 367,663,000 MONEY shall be used for such for the nuclear physics program, $212,500,000 ton MONEY -scale double beta decay experiment; $ 1,141,000,000 MONEY for science laboratories of $ 111,500,000 MONEY shall be used for such at the oak ridge national laboratory; $ 115,000,000 MONEY shall be used for such at the thomas jefferson national facility ORG ; $ 150,400,000 MONEY shall be used for such at the princeton plasma physics ORG $ 29,850,000 MONEY shall be used for such at the ames laboratory; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01052 fmt 6652 CARDINAL sfmt 6201 $90,000,000 MONEY shall be used for such at the brookhaven national $265,000,000 ORG shall be used for such at the lawrence berkeley ORG national $ 152,000,000 MONEY shall be used for such at the slac national ORG accelerator $ 100,000,000 MONEY shall be used for such at the argonne national laboratory; $ 127,250,000 MONEY shall be used for such at the fermi national accelerator energy efficiency ORG and renewable energy addition to amounts otherwise there is appropriated to the department of energy of energy efficiency ORG and renewable energy for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 349,200,000 MONEY , to remain available until 30, 2026 DATE , to carry out laboratory projects, of $ 163,000,000 MONEY shall be used for the energy and processing at scale project; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01053 fmt 6652 CARDINAL sfmt 6201 $96,200,000 MONEY shall be used for the advanced in integrated energy systems initiative; $ 90,000,000 MONEY shall be used for computing equipment and infrastructure. nuclear energy addition amounts otherwise available, there is appropriated to department of energy office of nuclear energy for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 408,000,000 MONEY , to remain available september 30, 2026 DATE , to carry out laboratory projects, of $ 66,000,000 MONEY shall be used for the sample laboratory; $ 125,000,000 MONEY shall be used for the test reactor and materials and fuel plant health projects; $ 122,000,000 MONEY shall be used for the test reactor recapitalization project; and $ 95,000,000 MONEY shall be used for the versatile reactor as authorized in section 955 LAW of the policy act of 2005 DATE ( 42 u.s.c QUANTITY . 16275). fossil energy and carbon management addition to amounts otherwise there is appropriated to the department of energy 23, 2021 ORG ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01054 fmt 6652 CARDINAL sfmt 6201 of fossil energy and carbon management for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 20,000,000 MONEY , to remain available until 30, 2026 DATE , to carry out activities to support high- computing equipment and infrastructure. general laboratory to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 1,080,996,000 MONEY , to available until september 30, 2026 DATE , to carry out to support infrastructure at department of national laboratories for civilian research and purposes, including general plant projects and plant equipment, of not less than $377,301,000 MONEY shall be to the office of science; not less than $209,800,000 MONEY shall be to the office of energy efficiency and energy; not less than $40,000,000 MONEY shall be available the office of nuclear energy; not less than $190,000,000 MONEY shall be to the office of fossil energy and carbon and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01055 PRODUCT fmt 6652 sfmt 6201 not less than $102,200,000 MONEY shall be to the office of environmental management. 90003 DATE . department of energy research, and demonstration activities. office of science to amounts otherwise available, there is appropriated the office of science of the department of energy ORG for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 2,000,000,000 MONEY , to remain until september 30, 2026 DATE , to carry out research and activities. of the funds provided by this computational science graduate shall be used to carry out department of energy computational science fellowship program. quantum user expansion ORG for science shall be used to out activities to facilitate access of researchers united states quantum computing facilities for purposes as part of the program authorized title iv of the national quantum initiative act u.s.c. 8851 et seq.). shall be used to carry out the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01056 fmt 6652 CARDINAL sfmt 6201 of the low-dose radiation research program in section 306(c) of the department of research and innovation act ( 42 u.s.c QUANTITY . fusion materials research and shall be used to carry out activities of the fusion materials research and program authorized in section 307(b) of department of energy research and innovation ( 42 u.s.c QUANTITY . 18645(b)). inertial fusion research and shall be used to carry out activities of the program of research and development in inertial fusion for energy authorized in section 307(d) of the of energy research and innovation act u.s.c. 18645(d)). alternative and enabling fusion shall be used to out the activities of the alternative and fusion energy concepts program authorized in 307(e) of the department of energy and innovation act ORG ( 42 u.s.c QUANTITY . 18645(e)). milestone-based fusion energy shall be used to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01057 fmt 6652 CARDINAL sfmt 6201 out the activities of the milestone-based fusion development program authorized in section of the department of energy research and act ORG ( 42 u.s.c QUANTITY . 18645(i)). fusion reactor system shall be used to carry out the fusion system design activities authorized in section of the department of energy research and act ORG ( 42 u.s.c QUANTITY . 18645(j PERSON )). energy efficiency and renewable energy demonstration addition amounts otherwise available, there is appropriated the department of energy office of energy ORG and renewable energy for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 1,107,500,000 MONEY , to remain available september 30, 2026 DATE , to carry out projects, including demonstration of wind energy technologies as authorized section 3003 LAW of the energy act of 2020 DATE ( 42 16237 DATE ); solar energy technologies as authorized section 3004 LAW of the energy act of 2020 DATE ( 42 16238 DATE ), including technologies and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01058 fmt 6652 sfmt 6201 to encourage the domestic production of semiconductors, and other at all stages of the solar supply chain; geothermal technologies as authorized section 615 LAW of the energy independence and act of 2007 DATE ( 42 u.s.c QUANTITY . 17194); water power technologies as authorized sections 634 CARDINAL and 635 CARDINAL of the energy and security act of 2007 DATE ( 42 u.s.c QUANTITY . et al.); vehicle technologies; and building technologies. clean energy manufacturing addition to amounts otherwise there is appropriated to the office of efficiency and renewable energy for fiscal 2022 DATE , out of any money in the treasury ORG not appropriated, $ 70,000,000 MONEY , to remain until september 30, 2026 DATE , to carry out to support one CARDINAL new clean energy innovation institute. nuclear energy addition amounts otherwise available, there is appropriated to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01059 fmt 6652 CARDINAL sfmt 6201 DATE department of energy office of nuclear energy for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 52,500,000 MONEY , to remain available september 30, 2026 DATE , to carry out the activities of research reactor infrastructure program as authorized section 954(a) of the energy policy act of 2005 DATE ( 42 CARDINAL 16274(a)). fossil energy and carbon management addition to amounts otherwise there is appropriated to the department of energy of fossil energy ORG and carbon management for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 10,000,000 MONEY , to remain available until 30, 2026 DATE , to carry out on-site demonstration on the reduction of environmental impacts of water. diversity addition to amounts available, there is appropriated to the of energy office of economic impact and diversity fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 20,000,000 MONEY , to remain until september 30, 2031 DATE , except that no amounts be expended after september 30, 2031 DATE , to support across the civilian research, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01060 fmt 6652 sfmt 6201 CARDINAL demonstration, and commercial application addition to amounts otherwise there is appropriated to the department of for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 50,000,000 MONEY , to remain until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for by the department of energy office of inspector ORG of the department of energy ORG activities for which is appropriated in this title. 90004. environmental protection agency change research and addition to amounts otherwise made available, is appropriated to the environmental protection for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 264,000,000 MONEY to available until september 30, 2026 DATE , to conduct research and development activities related to change, including related administrative expenses. amounts made available in this section shall be used the purposes conducting further research on mitigation of forcing emissions, adaptation to reduce the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01061 fmt 6652 sfmt 6201 CARDINAL of climate change, and approaches to build to climate change; providing increased support for evidence- regional and community climate adaptation resilience actions, including development of a regional climate science network; conducting further social science research to the utilization and efficacy of scientific tools mitigate, adapt, and build resilience to the of climate change; increasing engagement capacity with communities with environmental justice in translating, utilizing, and evaluating research results; conducting further research to improve of of decarbonized energy compared to existing energy sources, cumulative impacts of pollution from existing conducting further research to improve of the impacts of the transition to energy, transportation, and building on frontline communities; conducting further research to improve of impacts of climate change, including 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01062 fmt 6652 sfmt 6201 impacts of pollution exposure, in that face disproportionate impacts from transitions; and providing increased support to conduct environmental research and development on climate change that the administrator deems 90005 DATE . federal emergency management agency to firefighters grants. addition to amounts otherwise available, there is to the federal emergency management for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, to remain available september 30, 2026 DATE , $ 798,000,000 MONEY , for assistance firefighters grants pursuant to the federal fire and control act of 1974 DATE : provided, that of such amount shall be available for to firefighters grants for fire and ems department ORG construction, upgrades, and modifications, and for administrative expenses: provided further, that of such amount shall be available for to firefighters grants for pfas-free personal equipment and pfas-free firefighting foam, and related administrative expenses. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01063 DATE fmt 6652 CARDINAL sfmt 6201 90006 DATE . firefighter grant oversight. addition to amounts otherwise available, there is to the department of homeland security for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 2,000,000 MONEY , to remain available september 30, 2031 DATE , except that no amounts may expended after september 30, 2031 DATE , for oversight by department of homeland security office of inspector of the activities for which funding is appropriated section 90005 DATE . 90007. national aeronautics ORG and space infrastructure. addition to amounts otherwise made available, are appropriated to the national aeronautics and administration ORG for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , for repair, recapitalization, and modernization of infrastructure and facilities, including related expenses, consistent with the responsibilities under section 31502 LAW of title 51 CARDINAL , united states GPE on maintenance of facilities and section 31503 of LAW 51 CARDINAL , united states code, on laboratory productivity. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01064 fmt 6652 CARDINAL sfmt 6201 90008. national aeronautics ORG and space climate change research and addition to amounts otherwise made available, are appropriated to the national aeronautics and administration ORG for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , of which $ 85,000,000 MONEY shall be for research and on subseasonal to seasonal models and climate resilience and sustainability, and airborne campaigns, and surface networks to observe, and mitigate global climate change and its including related administrative expenses, under section 60501 LAW of title 51 CARDINAL , united states GPE and research and development activities on upper research authorized under sections 20161 DATE , and 20164 CARDINAL of title 51 CARDINAL , united states code; shall be for investments in data management processing to support research, development, and to understand, observe, and mitigate the global change and its impacts consistent with the authorized under section 60506 LAW of title 51 CARDINAL , states code; $ 50,000,000 MONEY shall be for research and to support the wildfire community and wildfire fighting operations, including the scalable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01065 fmt 6652 CARDINAL sfmt 6201 CARDINAL management for emergency response operations and $ 225,000,000 MONEY shall be for advancing research and development on sustainable aviation, sustainable aviation biofuels, including related expenses, consistent with the authorized under sections 40701 CARDINAL and 40702 CARDINAL of title united states code. 90009 DATE . national aeronautics ORG and space oversight and cybersecurity. addition to amounts otherwise made available, are appropriated to the national aeronautics and administration ORG for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30, 2031 DATE , that no amounts may be expended after september 2031 DATE , for information technology security and activities for which funding is appropriated under 90007 and 90008. in addition to amounts made available, there are appropriated to the aeronautics and space administration for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 5,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for the office of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01066 fmt 6652 sfmt 6201 CARDINAL general to provide oversight over the management of appropriated under sections 90007 DATE and 90008 DATE . 90010 DATE . national institute of standards ORG and research. addition to amounts otherwise available, there is to the national institute of standards and for ORG fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 1,195,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for and technical research pursuant to the national of standards and technology act, for artificial (including ai safety and control), quantum information science and technology ORG , communications technologies, advanced resilience to natural hazards including wildfires, gas and other climate-related measurement, for related administrative expenses: provided, that shall be available for cybersecurity research activities. 90011 CARDINAL . national institute of standards and supporting ORG american NORP in addition to amounts otherwise there is appropriated to the national institute 23, 2021 ORG ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01067 fmt 6652 sfmt 6201 standards and technology for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 30, 2031 DATE , of $ 1,000,000,000 MONEY shall be for the hollings extension partnership as authorized sections 25 CARDINAL and 26 CARDINAL of the national institute of and technology act ORG ( 15 u.s.c QUANTITY . 278k PRODUCT ; including related administrative expenses; $ 850,000,000 MONEY shall be to provide funds, existing programs, for advanced research, development, and testbeds, related administrative expenses; and $ 150,000,000 MONEY shall be for the creation of a manufacturing usa institute that is focused on manufacturing. provided under (a)(1) shall not be subject to cost share under section 25(e)(2) of the national institute of and technology act ORG ( 15 u.s.c QUANTITY . 278k(e)(2)). authority made available pursuant to this preceding shall be elective for any manufacturing extension center that also receives funding from a state 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01068 fmt 6652 CARDINAL sfmt 6201 is conditioned upon the application of a federal cost requirement. 90012 DATE . national institute of standards ORG and research facilities. addition to amounts otherwise available, there is to the national institute of standards and for ORG fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 1,000,000,000 MONEY , to available until september 30, 2031 DATE , except that no may be expended after september 30, 2031 DATE , for expenses as authorized by sections 13 CARDINAL through of the national institute of standards and technology ORG ( 15 u.s.c QUANTITY . 278c-278e CARDINAL ) for construction of new facilities, including architectural and engineering and for renovation and maintenance of existing 90013 DATE . national institute of standards ORG and oversight. addition to amounts otherwise available, there is to the department of commerce for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 5,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for oversight by the of commerce office of inspector general of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01069 fmt 6652 CARDINAL sfmt 6201 CARDINAL institute of standards and technology activities for funding is appropriated in this title. 90014 CARDINAL . national oceanic ORG and atmospheric weather, ocean, and research and forecasting. addition to amounts otherwise made available, is appropriated to the national oceanic and administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to carry out the provisions of the weather research forecasting innovation act ( 15 u.s.c QUANTITY . 8501 et seq.), national integrated drought information system act u.s.c. 313d), the national climate program act ( 15 CARDINAL the harmful algal bloom and research and control act ( 33 u.s.c QUANTITY . federal ocean acidification research ORG and monitoring ( 33 u.s.c QUANTITY . title iii of the america act ( 33 u.s.c QUANTITY . 893 CARDINAL , 893a PRODUCT , 893b PRODUCT , and 893c PRODUCT ), and weather service organic act ( 15 u.s.c QUANTITY . 313 CARDINAL et seq.). amounts in this section shall be used for the purposes increasing the understanding, and predictive forecasting capabilities, of weather and climate including, but not limited to, hurricanes, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01070 fmt 6652 CARDINAL sfmt 6201 drought, wildland fires and associated fire extreme precipitation, extreme heat and heat events, flooding, and other severe and their impacts; increasing marine research capacity and the of the impacts of climate change on processes and phenomena including, but not to, ocean acidification, harmful algal blooms, and deoxygenation, sea level change, and warming; enhancing weather, ocean, climate, and environmental observations, research, data, assimilation, and modeling; facilitating successful transition of research operations and operations to research, including science for improved decision support services; acquiring related high-performance data management, and storage assets; and developing, leveraging, and employing new technologies and instruments, including and processing. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01071 fmt 6652 CARDINAL sfmt 6201 90015 DATE . national oceanic and atmospheric climate adaptation and activities. in addition to amounts otherwise there is appropriated to the national oceanic atmospheric administration for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , to carry out the provisions of the national climate act ( 15 u.s.c QUANTITY . the weather and forecasting innovation act ( 15 u.s.c QUANTITY . 8501 seq.), title iii of the america competes act ( 33 893 CARDINAL , 893a PRODUCT , 893b PRODUCT , and 893c PRODUCT ), the national drought information system act ( 15 u.s.c QUANTITY . the weather service organic act ( 15 u.s.c QUANTITY . 313 CARDINAL seq.), the harmful algal bloom and hypoxia research control act ( 33 u.s.c QUANTITY . and the federal acidification research and monitoring act ( 33 CARDINAL to develop and distribute actionable information for communities across all states, and tribal lands of the united states GPE in an manner, to build climate resilience and develop a workforce. use of amounts made available subsection (a) shall be used for the following activities: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01072 fmt 6652 CARDINAL sfmt 6201 $265,000,000 MONEY to better enable end users, as to assess the relative risk of, determine adaptation and mitigation strategies for, make executive and budgetary decisions in to climate impacts increasing end user understanding of impacts of climate change at the local and level; developing actionable climate and accessible tools and products; and providing end users with technical $ 500,000,000 MONEY to recruit, educate, and train climate-ready workforce develop and support on-the-ground projects to enhance climate and resilience; support community engagement and in monitoring, tracking, and for extreme events; support local resilience to climate and conduct community-driven climate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01073 fmt 6652 CARDINAL sfmt 6201 CARDINAL enhance the national oceanic and delivery of climate services, tools, and products, but not limited to those developed in (1)(b). end the purposes of this section, term shall states; territories; tribes; local governments; businesses; not-for-profit or other organizations; and individuals. extreme the purposes of this the term refers to a time and place which weather, climate, or environmental conditions, as temperature, precipitation, drought, or flooding, above a threshold value near the upper or lower ends the range of historical measurements. 90016. national oceanic ORG and atmospheric high performance addition to amounts otherwise made available, is appropriated to the national oceanic and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01074 fmt 6652 sfmt 6201 DATE administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to procure and enhance high performance data management, and storage capabilities, and facilities to enable the national oceanic and administration to meet its mission including related administrative expenses. 90017 CARDINAL . national oceanic and atmospheric phased array radar. addition to amounts otherwise made available, is appropriated to the national oceanic and administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to carry out the provisions of the weather research forecasting innovation act ( 15 u.s.c QUANTITY . 8501 et seq.) research and development activities to advance the of phased array radar as a potential future technology to improve weather forecasts. 90018 CARDINAL . national oceanic ORG and atmospheric hurricane hunter addition to amounts otherwise made available, is appropriated to the national oceanic and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01075 fmt 6652 CARDINAL sfmt 6201 DATE administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to carry out the provisions of the weather research forecasting innovation act ( 15 u.s.c QUANTITY . 8501 et seq.) the procurement of hurricane hunters and related and the development and acquisition of airborne array radar, to prepare for fleet readiness by fiscal 2030 DATE . 90019 CARDINAL . national oceanic and atmospheric uncrewed systems. addition to amounts otherwise made available, is appropriated to the national oceanic and administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to support uncrewed systems development and in support of national oceanic and atmospheric mission priorities including oceanic and research and research to operations, including administrative expenses. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01076 fmt 6652 sfmt 6201 90020 DATE . national oceanic ORG and atmospheric research addition to amounts otherwise made available, is appropriated to the national oceanic and administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to conduct deferred maintenance of meteorological, climatological, and other oceanic and research and development or operational facilities, to make improvements to scientific equipment and including related administrative expenses. 90021 CARDINAL . national oceanic and atmospheric space weather. addition to amounts otherwise made available, is appropriated to the national oceanic and administration for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to carry out the provisions of the promoting and observations of space weather to improve the of tomorrow DATE (proswift) act ( 51 u.s.c QUANTITY . et seq.) by accelerating the development and of instruments and spacecraft, and prioritizing an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01077 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL launch for the space weather next lagrange 1 CARDINAL mission, including related administrative expenses. 90022 CARDINAL . national oceanic and atmospheric oversight. addition to amounts otherwise available, there is to the department of commerce for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 5,000,000 MONEY , to remain available until 30, 2026 DATE , for oversight by the department of office of inspector general of national oceanic and administration ORG activities for which funding appropriated in this title. 90023 DATE . national science foundation ORG addition to amounts otherwise available, there is to the national science foundation for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise $ 3,430,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , for research-enabling facilities, and infrastructure, including mid- research infrastructure, antarctic infrastructure related federal administrative expenses additional major research equipment and facilities projects approved by the national science 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01078 CARDINAL fmt 6652 CARDINAL sfmt 6201 DATE as required under section 14 LAW of the national foundation authorization act ORG of 2002 DATE ( 42 u.s.c QUANTITY . provided, that $ 1,000,000,000 MONEY shall be for authorized by title ii of public law for research facilities modernization, which may shore-side facilities for academic research vessels, of $ 300,000,000 MONEY shall be for academic research modernization at historically black colleges and hispanic NORP serving institutions, tribal colleges and and other minority serving institutions: further, that not less than 20 percent PERCENT of the funds available in this section shall be for equipment, facilities, and infrastructure projects in a state or territory that is eligible to receive from the established program to stimulate research as established under section 113 LAW of the science foundation authorization act of 1988 DATE ( 42 1862 DATE g).: provided further, that $ 25,000,000 MONEY shall for the office of the chief of research security and policy for research security activities. 90024 CARDINAL . national science foundation research ORG development. addition to amounts otherwise available, there is to the national science foundation for fiscal 2022 DATE , out of any money in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01079 fmt 6652 CARDINAL sfmt 6201 $7,550,000,000 MONEY , to remain available until 30, 2031 DATE , except that no amounts may be after september 30, 2031 DATE , to fund or extend new existing research awards, scholarships, and across all science, technology, engineering, and (stem) and stem education disciplines, to use-inspired and translational research and awards, entrepreneurial education, and technology activities, to extend existing research awards and and fellowships to aid in the recovery from related disruptions, and for related expenses: provided, that $ 400,000,000 MONEY shall be for climate change research, including relating to provided further, that $ 700,000,000 MONEY shall be for research and related activities at historically colleges and universities, tribal colleges and hispanic NORP serving institutions, and other minority institutions. 90025 CARDINAL . national science foundation ORG oversight. addition to amounts otherwise available, there is to the office of inspector general of the science foundation for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , except that no amounts may be expended after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01080 fmt 6652 CARDINAL sfmt 6201 30, 2031 DATE , for oversight, investigations, and audits programs, grants, and projects carried out by the science foundation using funds under this title. 90026 DATE . wage rate requirements. in any other of law, all laborers and mechanics employed by and subcontractors on any project funded directly assisted in whole or in part by the federal government to this title shall be paid wages at rates not less those prevailing on projects of a similar character the locality, as determined by the secretary of labor accordance with subchapter iv of chapter 31 LAW of title united states code (commonly known as the respect to the labor specified in paragraph ( 1 CARDINAL ), the secretary of labor have the authority and functions set forth in plan numbered 14 CARDINAL of 1950 ( 64 CARDINAL stat. 1267; 5 app QUANTITY .) and section 3145 CARDINAL of title 40 CARDINAL , united states ORG 90027 CARDINAL . forced labor prohibition. of the funds provided in this title may be used awarding a contract, subcontract, grant, or loan to an that is listed pursuant to section 9(b)(3 CARDINAL ) of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01081 fmt 6652 CARDINAL sfmt 6201 CARDINAL human rights policy act of 2020 DATE (public law on small 100001 DATE . definitions. this the terms and mean the small business administration the administrator thereof, respectively; and the term business has the given under section 3 of the small business ( 15 u.s.c QUANTITY . 632 CARDINAL ). federal opportunities for businesses 100101 DATE . veteran federal procurement training program. addition to amounts available, there is appropriated to the small business out of any money in the treasury ORG not appropriated, $ 5,000,000 MONEY for each of fiscal years through 2028 DATE for carrying out subsection (h) of 32 CARDINAL of the small business act ( 15 u.s.c QUANTITY . 657b PERSON ), as by this section. amounts appropriated by this shall remain available for 3 fiscal years DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01082 fmt 6652 CARDINAL sfmt 6201 32 of the small act ( 15 u.s.c QUANTITY . 657b PERSON ) is amended by adding at the the following: veteran federal procurement training administrator, through the associate administrator, shall make to, or enter into cooperative agreements with entities to operate a federal procurement training program to provide assistance to small concerns owned and controlled by veterans how to increase the likelihood of being awarded with the federal government. a grant or agreement under this shall be made to or entered into with entities that have a track record of providing educational and job training services targeted veteran populations from diverse shall include terms under which the entities may, at the discretion of the be required to match any federal funds for the program with state, local, or private funds; and shall include terms under which the entities shall use a diverse group of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01083 fmt 6652 CARDINAL sfmt 6201 service experts, such as federal, state, and contracting experts and private sector industry with first ORDINAL -hand experience in federal contracting, to provide assistance to small concerns owned and controlled by 100102 DATE . expanding surety bond program. addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until september 30, 2031 DATE , for capital for the fund established under section 412 LAW the small business investment act of 1958 DATE ( 15 u.s.c QUANTITY . expanding surety bond b title iv of the small business investment act of 1958 DATE u.s.c. 694a et seq.) is in section 411 LAW (15 u.s.c. in subsection in subparagraph (a), by striking and by amending subparagraph (b) to as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01084 fmt 6652 sfmt 6201 the administrator may guarantee a under subparagraph (a) for a total work order contract entered into by a federal agency in an that does not exceed and subsection (e)(2), by striking and inserting amount in subparagraph (a) or (b) of (a)(1), as and in section 412 LAW (15 u.s.c. in subsection (a), in the third ORDINAL sentence, striking excluding administrative (c); and by redesignating subsection (b) as by inserting after subsection (a) the not more than 15 percent PERCENT of the amount that in the fund described in subsection (a) on the first day each fiscal year DATE may be obligated during that fiscal year DATE cover costs incurred by the administration in with the management and administration of this part, costs related to information technology and personnel, outreach activities, and relevant 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01085 CARDINAL fmt 6652 sfmt 6201 100103 DATE . uplift accelerator program; business academy ORG . uplift accelerator in addition to amounts available, there is appropriated to the business administration for fiscal year DATE out of any money in the treasury ORG not appropriated, $ 1,000,000,000 MONEY to available until september 30, 2031 DATE , to out subparagraph (k) of section 7(j)(10) small business act u.s.c. as added by this subsection; and set amounts made under subparagraph (a), not more than 15 CARDINAL may be used by the administrator for expenses and costs related to and oversight. 7(j)(10) of the business act ( 15 u.s.c QUANTITY . 636(j)(10)) by adding at the end the following: uplift accelerator this term means an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01086 DATE fmt 6652 CARDINAL sfmt 6201 and other support to startup, and newly small business and offers startup capital the opportunity to raise from outside to startup, and newly small business eligible a historically black or university; an institution of education, as defined in 101 CARDINAL of the higher education of 1965 DATE , which primarily students who are black african NORP american, hispanic NORP or american indian NORP , alaska asian PERSON , native hawaiian NORP , other pacific islander; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01087 fmt 6652 sfmt 6201 a junior or community as defined in section 312 LAW the higher education act of eligible small term business means a small as defined in section owned and controlled a resident of a low-income as defined in section of the internal revenue of 1986 DATE ; owned and controlled a resident of a low-income community; owned and controlled a member of an indian NORP or native tribe, band, pueblo, village, community, band, or component individually identified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01088 fmt 6652 CARDINAL sfmt 6201 parenthetically) in the recent list published to section 104 LAW of the recognized indian NORP tribe list of 1994 DATE ; owned and controlled a native entity; owned and controlled an individual with a disability, defined in section 3 LAW of the with disabilities act 1990 DATE ; or otherwise identified by administrator. historically black or black college or means a b as under section 322 LAW of the education act of 1965 DATE . term means an and other support to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01089 fmt 6652 sfmt 6201 startup, and established business concerns; and that may provide a co- environment or a month- lease program. an indian NORP tribe, an alaska GPE native village regional or village as defined in section 4 LAW of self-determination education assistance act; a native hawaiian as that term is in section 6207 LAW of the and secondary act of 1965 DATE . use of is authorized to establish a grant program to make grants to entities to establish accelerators or to support eligible small business in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01090 fmt 6652 sfmt 6201 CARDINAL business readiness, including providing services such as organization, human resources, legal assistance; growth readiness, including to build past performance relationships with prime readiness to submit bids prime contracts, including in developing skills, conducting research, and drafting statements and proposals; or global readiness, including in establishing long-term, revenue streams outside of united states GPE . acquisition administrator shall identify authorities under which eligible small concerns assisted under this may enter into contracts or with federal agencies. the period on the date of the enactment of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01091 fmt 6652 CARDINAL sfmt 6201 CARDINAL subparagraph and ending not later 10 years DATE after such date, the shall award not more than an total of $ 1,000,000,000 MONEY in grants eligible entities under this business development in addition to amounts available, there is appropriated to the business administration for fiscal year DATE out of any money in the treasury ORG not appropriated, $ 725,000,000 MONEY to available until september 30, 2031 DATE , to out subparagraph (l) of section 7(j)(10) small business act u.s.c. as added by this subsection. set amounts made under subparagraph (a), not more than 15 CARDINAL may be used by the administrator for expenses and costs related to and oversight. 7(j)(10) of the business act ( 15 u.s.c QUANTITY . 636(j)(10)), as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01092 fmt 6652 sfmt 6201 by subsection (a), is further amended by at the end the following: business definition of eligible this paragraph, the term has the meaning given in (k)(i). use of is authorized to establish a grant program to make grants to entities to support program duties of eligible eligible entity that receives a under this subparagraph shall use grant develop and establish a 12-month DATE executive and training program for small concerns described in clause recruit and enroll in the program described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01093 fmt 6652 CARDINAL sfmt 6201 (i), including by providing for participation; develop certification for eligible entities based on best practices of the and conduct research into the of the program described clause (iv)(i). the period on the date of the enactment of subparagraph and ending not later 10 years DATE after such date, the shall award not more than an total of $ 725,000,000 MONEY in grants to entities under this 100104 DATE . pathway to prime grant program. in addition to amounts available, there is appropriated to the small administration for fiscal year 2022 DATE , out of money in the treasury not otherwise to remain available until september 30, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01094 fmt 6652 CARDINAL sfmt 6201 $75,000,000 MONEY to carry out subsection of section 49 LAW of the small business act, added by subsection (b); and $ 450,000,000 MONEY to carry out subsection of section 49 LAW of the small business act, added by subsection (b). set the amount made available carry out this section for any fiscal year DATE , not than 15 percent PERCENT may be used by the for administrative expenses. small business act ( 15 631 CARDINAL et seq.) is by redesignating section 49 CARDINAL ( 15 u.s.c QUANTITY . 631 CARDINAL as section 55; and by inserting after section 48 LAW the following: 49 CARDINAL . pathway to prime grant program. this section: eligible term or a historically black college or an institution of higher education, as in section 101 LAW of the higher education of 1965 DATE , which primarily educates students are black or african american NORP , hispanic 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01095 fmt 6652 sfmt 6201 CARDINAL latino, american NORP indian, alaska native PERSON , native hawaiian NORP , or other pacific historically black college or term black college or has the meaning given the term b under section 322 LAW of the higher act of 1965 DATE . pathway term means a small business concern that a subcontractor of the federal a contractor or subcontractor of a local, or tribal government, including contractor or subcontractor for a project by the cares act (public law the american NORP rescue plan act of 2021 DATE law or an act providing funds infrastructure that is enacted during the congress ORG (as determined by the administrator shall a program to assist pathway firms to become prime of the federal government 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01096 fmt 6652 CARDINAL sfmt 6201 making competitive grants to eligible to establish a national contracting and network and database of pathway firms and under paragraph ( 2 CARDINAL ) to track and connect firms with federal prime contracting based on the record of the pathway firm competing for and prime contracts or contracts with state, local, or tribal governments; subcontracts with federal prime and subcontracts from state, local, or governments participating projects by the cares act (public law the american NORP rescue plan act of 2021 DATE law or an act providing funds infrastructure that is enacted during the congress ORG (as determined by the and making competitive grants to not fewer 20 CARDINAL state or local governments or federally tribal governments participate in the national small contracting network established in ( 1 CARDINAL ); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01097 fmt 6652 CARDINAL sfmt 6201 CARDINAL assist pathway firms within the regions served by those governments. use of recipient of a grant made this section provide resources to enable pathway firms gain the experience and capabilities necessary to for and obtain prime contracts; facilitate engagement between pathway and federal, state, local, or tribal work with the administration to ensure prime contractors with subcontracting plans section 8(d LAW ) meet the requirements of those work with the administration to maximize for small business concerns to subcontracts from state, local, or tribal participating projects funded by the act (public law the american NORP plan act of 2021 DATE (public law or an providing funds for infrastructure that is during the 117th ORDINAL congress (as determined by administrator); and make publicly available data to advocate best practices and policies that promote small 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01098 fmt 6652 sfmt 6201 concerns as prime contractors of the small creation and in underrepresented 100201 DATE . grants for business incubators. in addition to amounts available, there is appropriated to the small administration for fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available until 30, 2031 DATE , for carrying out section 50 LAW of small business act, as added by subsection (b). set the amounts made under this subsection for a fiscal year DATE , not more 15 percent PERCENT shall be available for administrative and costs related to monitoring and small business act ( 15 631 CARDINAL et seq.) is amended by inserting after section as added by section 10104 LAW , the following: 50 CARDINAL . grants for business incubators. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01099 fmt 6652 CARDINAL sfmt 6201 CARDINAL business term means an organization provides resources, which may include workspace and facilities, to startups established small business concerns; is designed to accelerate the growth success of small business concerns through variety of business support resources and access to capital, business and counseling; networking opportunities; mentorship opportunities; and other services intended to aid in a business. economic development term development means a regional, state, tribal, or private nonprofit organization established purposes of promoting or otherwise economic development; and includes community financial as defined in section 7(a)(36)(a LAW ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01100 CARDINAL fmt 6652 sfmt 6201 eligible term an economic development an eligible entity, as defined in 7(j)(10)(k)(i)(ii DATE ); an sba partner organization; or any entity that provides support to and small business concerns, as by the administrator. eligible small business term small business means a concern is organized or incorporated in the is operating primarily in the united states GPE ; the applicable industry-based size established under section 3 LAW ; or the alternate size standard to the program under section 7(a LAW ) or loan programs under title v of the business investment act of 1958 DATE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01101 CARDINAL fmt 6652 sfmt 6201 is in the planning stages or has been business for not more than 5 years DATE as of the on which assistance under this section and owned and controlled by 1 CARDINAL or members of an underrepresented or a native entity, as defined in 7(j)(10)(k)(i DATE ). member of an underrepresented term of an means an individual who a resident a low-income community, as in section 45d(e LAW ) of the internal code of 1986 DATE ; a low-income rural community; 31(b LANGUAGE ); a hubzone, as defined in a member of an indian NORP or alaska GPE tribe, band, nation, pueblo, village, component band, or component (including 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01102 fmt 6652 CARDINAL sfmt 6201 in the most recent list published to section 104 LAW of the federally indian NORP tribe list act of 1994 DATE ; an individual with a disability, as in section 3 LAW of the americans NORP with act of 1990 DATE ; a veteran; imprisonment; or an individual who completed a term otherwise identified by the sba ORG partner term partner means any organization financial assistance in the form of a grant, agreement, or contract for the purpose conducting a public project funded, either in or in part, under a program of the administrator may provide assistance on a competitive basis in the form of grant, prize, cooperative agreement, or contract for an applicant to provide the services of a business to eligible small business concerns. use of eligible applicant that assistance under this section shall support areas 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01103 fmt 6652 sfmt 6201 CARDINAL serve members of an underrepresented community provide services that be carried out in such areas as to provide accessibility and benefits to the eligible business concerns that the project is intended serve; and not impose or otherwise collect a fee or compensation from eligible small business in connection with such services. one CARDINAL or more business applicant that receives financial assistance under this may share such assistance among one CARDINAL or more incubators to expand access to resources, and best practices. award award of financial under this section shall be for not more than for each fiscal year DATE for which the award is penalties for failure to abide by terms conditions of the discretion of the and in addition to any other civil or criminal the administrator shall withhold payments an eligible applicant or order the eligible applicant to any assistance provided under this section for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01104 fmt 6652 CARDINAL sfmt 6201 to abide by the terms and conditions of such 100202 DATE . office of native american NORP affairs. addition to amounts available, there is appropriated to the small business out of any money in the treasury ORG not appropriated, $ 2,000,000 MONEY for each of fiscal years through 2031 DATE for carrying out section 51 LAW of the business act, as added by subsection (b). amounts by this subsection shall remain available september 30, 2031 DATE . small business act ( 15 631 CARDINAL et seq.) is amended by inserting after section as added by section 10201 LAW of this title, the following: 51 CARDINAL . office of native american NORP affairs. this section: indian NORP term the meaning given in section 4 LAW of the indian NORP and education assistance act. native term means a member of an indian NORP tribe. native hawaiian NORP hawaiian has the given in section 6207 LAW of the elementary and education act of 1965 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01105 fmt 6652 sfmt 6201 resource term small business development centers; business centers described in 29 CARDINAL ; chapters of the service corps of executives established under section and veteran business outreach centers in section 32 LAW . is established in the an office of native american NORP affairs, in section referred to as the which shall provide outreach and development assistance to americans NORP , native hawaiian NORP organizations and thereof, and indian NORP tribes, through the native outreach program established under subsection native american NORP outreach administrator establish and administer a native american NORP program within the to ensure that small business owned and controlled by native native hawaiian organizations, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01106 fmt 6652 CARDINAL sfmt 6201 tribes, and native american NORP have access to programs and services the administration; to provide information to state, local, tribal governments and other interested about federal assistance available to business concerns owned and controlled native americans, native hawaiian NORP and indian NORP tribes, and native entrepreneurs; and to ensure access to in-person and counseling and training services to small concerns owned and controlled by americans NORP , native hawaiian NORP organizations, indian NORP tribes, and native american NORP services described ( 1 CARDINAL ) shall financial education on applying for securing credit, loan guarantees, surety and investment capital, managing operations, and preparing and presenting statements and business plans; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01107 fmt 6652 CARDINAL sfmt 6201 CARDINAL education on management of a small concern, planning, staffing, and marketing; identifying domestic and international opportunities; and implementing economic and business strategies to improve long-term job 100203 DATE . office of rural affairs. in addition to amounts available, there is appropriated to the small administration, out of any money in the not otherwise appropriated, $ 2,000,000 MONEY for of fiscal years 2022 DATE through 2031 DATE for carrying this section. amounts appropriated by this shall remain available until september 30 DATE , set the amounts made under this subsection for a fiscal year DATE , not more 15 percent PERCENT shall be available for administrative related to carrying out this section. office of rural 26 CARDINAL of the business act ( 15 u.s.c QUANTITY . 653 CARDINAL ) is amended by adding the end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01108 fmt 6652 CARDINAL sfmt 6201 DATE rural small business in office shall administer or more annual DATE rural small business conferences, be held in various regions of the united states GPE . purpose of such conferences shall be promote policies and programs of the specific to small business located in rural areas, and make publicly information about such policies and coordinate with all offices of the resource partners, lenders, and interested persons to ensure that the of small business concerns located in area are being met; and analyze data on the effectiveness of of the administration that benefit business concerns located in rural 100204 DATE . office of emerging markets. addition to amounts available, there is appropriated to the small business out of any money in the treasury ORG not appropriated, $ 2,000,000 MONEY for each of fiscal years through 2031 DATE for carrying out subsection (o) of 7 CARDINAL of the small business act ( 15 u.s.c QUANTITY . 636 CARDINAL ), as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01109 fmt 6652 CARDINAL sfmt 6201 by subsection (b). amounts appropriated by this shall remain available until september 30 DATE , 7 CARDINAL of the small act ( 15 u.s.c QUANTITY . 636 CARDINAL ) is amended by adding at the the following: office of emerging this the term means the of the office of emerging markets; the term means program described in subsection (m); the term business concern in emerging means a small business that is located a low-income or area for purposes of the development block grant under title i of the housing community development act of or a hubzone, as that term defined in section 31(b NORP ); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01110 fmt 6652 sfmt 6201 that is growing, newly or a startup; owned and controlled by owned and controlled by with a disability, as defined in section of the americans NORP with disabilities act of or owned and controlled by other or groups identified by the established the office of capital access of the an office to be known as the of which shall be responsible for planning, coordination, implementation, and improvement of the efforts of the to enhance the economic well-being of small concerns in an emerging market. office of markets shall be administered by a director, create and implement strategies and that provide an integrated approach 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01111 CARDINAL fmt 6652 CARDINAL sfmt 6201 the development of small business concerns an emerging market; review the effectiveness and impact of to capital programs (including the program) of the administration and policies on such programs with to small business concerns in an emerging coordinate with the office of development and the office of business development of the to establish partnerships to advance the of improving the economic success of small concerns in an emerging market; consult with the associate of the office of field operations; and coordinate the activities the sbic working group under section 10404 LAW of the act to for reconciliation pursuant to title of s. con. res. 14 CARDINAL ; the office of native american NORP established under section 51 LAW ; and the office of rural affairs under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01112 fmt 6652 CARDINAL sfmt 6201 100205 DATE . state trade expansion program. addition to amounts otherwise available, there is to the small business administration, out any money in the treasury not otherwise appropriated, for each of fiscal years 2022 DATE through 2025 DATE carrying out section 22(l) of the small business act u.s.c. 649(l)). amounts appropriated by this shall remain available for 3 fiscal years DATE . small to fully engage in innovation economy 100301 CARDINAL . growth accelerator competition. in addition to amounts available, there is appropriated to the small administration for fiscal year 2022 DATE , out of money in the treasury ORG not otherwise $ 400,000,000 MONEY , to remain available until 30, 2031 DATE , for carrying out section 52 LAW of small business act, as added by subsection (b). set the amounts made under this subsection for a fiscal year DATE , not more 5 percent PERCENT shall be available for administrative related to carrying out this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01113 fmt 6652 CARDINAL sfmt 6201 in small business act ( 15 631 CARDINAL et seq.) is amended by inserting after section as added by section 10202 LAW of this title, the following: 52 CARDINAL . growth accelerator competition. this section: term means a prize, contract, cooperative agreement, or cash or cash equivalent (as determined by the term has the given the term in section 3 LAW of the with disabilities act of 1990 DATE . eligible term 49 DATE ; or an eligible entity, as defined in an organization that is a growth located in the united states GPE . means an organization supports new small business concerns have a focus on technology, research, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01114 fmt 6652 sfmt 6201 frequently provides, but is not designed to provide, seed investment in for a small amount of equity; works with a new small business for a predetermined amount of time; provides mentorship and instruction small business concerns to scale businesses; offers startup capital or the to raise capital from outside investors. new small business small business means a small concern that has been in operation for not than 5 years DATE . administrator shall competitive awards of not less than $100,000 MONEY to entities to accelerate the growth of new small concerns by assistance to small business concerns with capital and finding mentors and opportunities; and advice to small business concerns, advising on market analysis, company strategy, growth, commercialization, and securing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01115 fmt 6652 CARDINAL sfmt 6201 use of award under this may be used by an eligible entity for costs, acquisition of physical workspace facilities, and programmatic purposes to benefit small business concerns; and may not be used by an eligible entity to capital to new small business concerns or through the subaward of funds. making awards under this the administrator shall establish an application and selection criteria, which shall assurances that the eligible entity will use award to provide assistance for not less than new small business concerns each year DATE ; if located within 20 miles QUANTITY of a minority proof of a referral or relationship between the eligible entity such institution; an assessment of the need for additional for new small business concerns in the area to be served by the eligible entity; and other criteria, as determined by the penalties for failure to abide by terms conditions of the discretion of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01116 fmt 6652 sfmt 6201 and in addition to any other civil or criminal the administrator shall withhold payments an eligible entity or order the eligible entity to return award made under this section for failure to abide by terms and conditions of the 100302 DATE . building a national innovation support network. in addition to amounts available, there is appropriated to the small administration for fiscal year 2022 DATE , out of money in the treasury not otherwise to remain available until september 30 DATE , for carrying out this $ 525,000,000 MONEY to carry out subsection of this section; and $ 150,000,000 MONEY to carry out subsection of this section. set the amounts made under paragraph (1)(a) of this subsection for fiscal year DATE , not more than 5 percent PERCENT shall be for administrative expenses related to carrying this section. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01117 fmt 6652 sfmt 6201 CARDINAL business term means an organization provides resources, which may include workspace and facilities, to startups established small business concerns; and is designed to accelerate the growth success of businesses through a variety of support resources and services, access to capital, business and counseling; networking opportunities; mentorship opportunities; and other services intended to aid in a business. term development means a regional, state, tribal, or local established for purposes of promoting or facilitating economic development. eligible term an economic development organization; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01118 fmt 6652 CARDINAL sfmt 6201 an eligible entity, as defined in section of the small business act, as by section 100103 LAW ; a business incubator; a growth accelerator; an sba partner organization, as in section 50 LAW of the small business act added by section 10201 LAW of this title); or any combination or collaboration of the described in subparagraphs (a) through eligible term means any innovative startup seeking participate in the sbir and sttr described in section 9 LAW of the small act ( 15 u.s.c QUANTITY . 638 CARDINAL ); or otherwise develop, through research development, or commercialize advanced has the meaning given the in section 52 LAW of the small business act, as by section 10301 LAW of this title. innovative term means a science, technology, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01119 fmt 6652 sfmt 6201 and math entrepreneur or small business was founded or commenced a trade or not earlier than 5 years DATE before assistance under this section; and has a primary focus on the or commercialization of advanced member of an underrepresented term of an has the meaning given in 50 CARDINAL of the small business act, as added by 10201 DATE of this title. administrator make grants or award prizes to, or enter contracts or cooperative agreements with, applicants to address the training, proposal mentoring, partnering, coordinating, customer discovery, and business incubator growth accelerator needs of eligible businesses expand and accelerate the growth of eligible and facilitate fellowships and internships in the of science, technology, engineering, and prioritizing members of an underrepresented 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01120 fmt 6652 CARDINAL sfmt 6201 through partnerships with or grants or awards to provide opportunities at undergraduate, graduate, and postdoctoral equity for small 100401 DATE . increasing equity investment by the program. venture small business investment addition to amounts available, there is appropriated to the for fiscal year 2022 DATE , out of any money the treasury not otherwise appropriated, to until september DATE to be deposited into the facility under section 321 LAW of the small business act of 1958 DATE , as added by paragraph ( 2 CARDINAL ). small business act of 1958 DATE ( 15 u.s.c QUANTITY . 661 CARDINAL et seq.) is in section 103 LAW (15 u.s.c. in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01121 fmt 6652 sfmt 6201 in subclause (ii), by striking at the end; in subclause (iii), by adding at the end; and by adding at the end the funds obtained from any under and in paragraph in subparagraph (a), by at the end; and by striking subparagraphs and (c) and inserting the partnership interests purchased by administration, as described section section 302(a)(1) ( 15 u.s.c QUANTITY . in subparagraph (a), by striking at the end; in subparagraph (b), by striking period at the end and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01122 fmt 6652 sfmt 6201 by adding at the end the $ 20,000,000 MONEY , adjusted every 5 years DATE inflation, with respect to each licensee in the facility under section in section 303(b)(2)(b) ( 15 u.s.c QUANTITY . by striking and and in section notwithstanding section 310(c)(6), a licensee section 321 may, subject to regulations to be issued the administration, invest equity capital in investment are majority controlled by members of an community (as defined in section of the small business act); receive annual DATE assistance provided by such or meet additional criteria as determined by and by adding at the end the following: 321 CARDINAL . venture small business investment facility. this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01123 fmt 6652 sfmt 6201 covered term means investments infrastructure, roads, bridges, and mass transit; water supply and sewer; the electrical grid; broadband and clean energy; or child care and elder care; manufacturing; low-income communities, as
that term defined in section 45d(e LAW ) of the internal code of 1986 DATE ; hubzones, as defined in section of the small business act; small business concerns owned and by a member of an indian NORP tribe identified (including parenthetically) in most recent list published pursuant to 104 CARDINAL of the federally recognized indian NORP list act of 1994 DATE ; small business concerns owned and by an individual with a disability, as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01124 fmt 6652 sfmt 6201 CARDINAL in section 3 LAW of the americans NORP with act of 1990 DATE ; small business concerns owned and by a veteran; or small business concerns identified by administrator as critical. term means the established under subsection (b). means a limited partnership interest in a licensee purchased and held by administration under this section. venture small business investment term small business means a private equity that makes early-stage venture investments in small business concerns to participate in the facility by the and which 75 percent PERCENT of shall be invested in covered of which not more than 33 percent PERCENT of investments are in small business concerns infrastructure or manufacturing. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01125 fmt 6652 sfmt 6201 DATE establishment and administration of in administrator shall and carry out a facility to purchase interests from venture small business companies. facility shall be by the administrator acting through associate administrator described in section use of administrator use amounts deposited in the facility to partnership interests from venture small investment companies. to the under this shall not be offset by fees or any charges on licenses not authorized by the shall be borne solely by the facility; shall not be included in the of the subsidy rate under section 303(j). licensing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01126 fmt 6652 CARDINAL sfmt 6201 in venture small business company shall be licensed under section and approved by the administrator to issue interests. a paragraph ( 1 CARDINAL ), the administrator shall take consideration investment risk through criteria by the administrator. required in as described in ( 2 CARDINAL ), a venture small business investment shall invest solely in small business section 310(c)(6) and subject to rules by the administrator, a venture small investment company may invest equity capital venture capital funds such venture capital funds are controlled by underrepresented individuals; not less than 50 percent PERCENT of total of each such venture capital fund is in covered investments; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01127 fmt 6652 sfmt 6201 the venture small business investment provides annual DATE assistance to the capital fund. partnership in administrator may, of amounts available in the facility, purchase interests as described in this subsection. issuance and purchase of in administrator purchase venture equity securities issued a venture small business investment in an amount that does not exceed the of 100 percent PERCENT of the private capital of venture small business investment company a lesser amount to be determined by the partnership interest interest purchased by the administrator a venture small business investment company this subsection shall be subject to such and limitations as the administrator may emerging managers 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01128 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL addition to amounts available, there is appropriated to the business administration for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 20,000,000 MONEY , to remain available until 30, 2031 DATE , for carrying out this small business act of 1958 DATE ( 15 u.s.c QUANTITY . 661 CARDINAL et seq.), as by subsection (a), is further amended by at the end the following: 322 CARDINAL . emerging managers program. this section: covered term has the meaning given in section emerging manager manager means an management firm that is focused on investing equity that meets not less than 2 CARDINAL of the criteria: the partners of the firm an investment track record of less 10 years DATE of combined investment or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01129 fmt 6652 sfmt 6201 a documented record of business experience. the firm has a focus on underserved the firm is not less than 50 percent PERCENT managed, or controlled by members of underrepresented community (as defined in 50 CARDINAL of the small business act). administrator shall an emerging managers program pursuant to which with substantial experience in operating small investment companies may enter into a written approved by the administrator to provide and assistance to an applicant for a license for a business investment company that is to be managed an emerging manager company. the manager with experience may hold a minority financial interest the small business investment company that is to be by an emerging manager company. applicant described in (b) shall apply with for a license under section and have private capital not exceed 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01130 fmt 6652 sfmt 6201 be managed by not less than two CARDINAL be a second ORDINAL generation fund or earlier; and focus its investment strategy on covered waiver of maximum of a written agreement under subsection (b) by the shall operate as a waiver of the of section 303(b)(2)(b LAW ) to the extent that such would otherwise apply. increased leverage existing business investment company that enters into a agreement under subsection (b) that is approved the administrator may increase the maximum leverage of the company under section under subparagraph (a) of such section, respect to a single license, by not more than and under subparagraph (b) of such section, respect to multiple licenses under common by not more than 100402. microcap PERSON small business investment license. addition to amounts available, there is appropriated to the administration 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01131 fmt 6652 CARDINAL sfmt 6201 fiscal year 2022 DATE , out of amounts in the treasury ORG not appropriated, $ 40,000,000 MONEY , to remain available september 30, 2031 DATE , to carry out paragraph (5) of 301(c) of the small business investment act of ( 15 u.s.c QUANTITY . 681(c)), as added by subsection (b). microcap small business investment 301(c) of the small business act of 1958 DATE ( 15 u.s.c QUANTITY . 681(c)) is amended by at the end the following: microcap small business investment in administrator issue a number of licenses under this to that do not satisfy the to the extent that such relate to investment experience and record, including any such further set forth in section 107.305 LAW title 13 CARDINAL , code of federal regulations, or successor regulation; that would otherwise be issued a under this subsection, except that management of the applicant does not 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01132 fmt 6652 sfmt 6201 the requirements under paragraph to the extent that such relate to investment experience and record, including any such further set forth in section 107.305 LAW title 13 CARDINAL , code of federal regulations, or successor regulation; for which the fund managers a documented record of business experience; a record of business success; or knowledge the industry or business for which applicant is pursuing an strategy; and that have demonstrated qualifications for the license, based factors determined by the required under this paragraph shall invest not than 50 percent PERCENT of the total financings of licensee in covered investments (as defined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01133 fmt 6652 sfmt 6201 CARDINAL section 321 CARDINAL ), of which not more than 33 CARDINAL of such investments are in small business in infrastructure or manufacturing. timing for issuance of administrator shall establish to ensure the timely disposition and of licenses under this paragraph. company to this paragraph not be eligible to receive leverage an amount more and be able to access leverage in an that is not more than 200 percent PERCENT the private capital of the applicant. investment a licensed pursuant to this paragraph has committee members or control who are principals approved by the or control persons of licensed small companies not this paragraph, such licensee or licensees not be deemed to be under common with the company licensed pursuant to this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01134 DATE fmt 6652 CARDINAL sfmt 6201 DATE solely for the purpose of section addition to the fees under sections 301(e) and 310(b CARDINAL ), the may prescribe fees to be paid by company designated to operate under this 100403. funding for sbic outreach and addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 2,500,000 MONEY , to available until september 30, 2031 DATE , for carrying this section. outreach and shall develop and implement a program to promote conduct outreach to, and educate prospective licensees the licensing procedures and other programs of small investment companies under title iii of the small investment act of 1958 DATE ( 15 u.s.c QUANTITY . 681 CARDINAL et seq.). 100404 DATE . sbic working group. addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01135 fmt 6652 sfmt 6201 CARDINAL treasury not otherwise appropriated, $ 2,000,000 MONEY , to available until september 30, 2031 DATE , to carry out section. this the term means the and ranking member the committee on small business and of the senate ORG ; and the committee on small business of house of representatives; the terms business and have meanings given those terms, respectively, in 103 CARDINAL of the small business investment act of ( 15 u.s.c QUANTITY . 662 CARDINAL ); the term has the given the term in section 45d(e LAW ) of the revenue code of 1986 DATE ; the term of an underrepresented has the meaning given in section 50 LAW of small business act, as added by section 10201 LAW this title. the term means a that has below median financing, as by the administrator; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01136 fmt 6652 sfmt 6201 a hubzone, as defined in section of the small business act ( 15 u.s.c QUANTITY . a low-income community; or a low-income rural community. later than 90 days DATE after date on which the covered members are required to to the administrator a notification that the selected by the covered members under paragraph have accepted those assignments, the administrator establish a small business investment company group (referred to in this section as the which consist 4 CARDINAL among general partners of that have a demonstrated record of low-income communities; businesses primarily engaged research and development; manufacturers; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01137 fmt 6652 CARDINAL sfmt 6201 CARDINAL businesses primarily owned controlled by individuals in communities before receiving from the licensee; and rural and of 1 CARDINAL shall be selected by the of the committee on small and entrepreneurship of the 1 CARDINAL shall be selected by the member of the committee on business and entrepreneurship the senate ORG ; 1 CARDINAL shall be selected by the of the committee on small of the house of and 1 CARDINAL shall be selected by the member of the committee on business of the house of 4 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01138 fmt 6652 sfmt 6201 from licensees, of whom 1 CARDINAL shall be owner of a small business investment or fund manager that is located a low-income community; an underserved community; a low-income rural or of an underfinanced state; and 1 CARDINAL shall be selected by the of the committee on small and entrepreneurship of the 1 CARDINAL shall be selected by the member of the committee on business and entrepreneurship the senate ORG ; 1 CARDINAL shall be selected by the of the committee on small of the house of and 1 CARDINAL shall be selected by the member of the committee on 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01139 fmt 6652 sfmt 6201 CARDINAL business of the house of the associate administrator for the of investment and innovation of the who serve as the chair of the working and select not more than 4 CARDINAL additional from the office of and innovation of the administration serve as representatives of the working and 4 CARDINAL representatives from the investment or academia, or who are bank limited with expertise in developing and interventions to expand the investment of 1 CARDINAL shall be selected by the chair of committee on small business and of the senate ORG ; 1 CARDINAL shall be selected by the ranking of the committee on small and entrepreneurship of the senate ORG ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01140 fmt 6652 CARDINAL sfmt 6201 1 CARDINAL shall be selected by the chair of committee on small business of the of representatives; and 1 CARDINAL shall be selected by the ranking of the committee on small of the house of representatives; develop recommendations regarding how the could increase the number applicants to become small business companies, with a focus on teams or companies located low-income communities; underserved communities; and rural communities; investments made in underfinanced develop recommendations for incentives for business investment companies and underlicensed and underfinanced states; and invest in small business concerns, those owned and controlled by members an underrepresented community, small concerns owned and controlled by veterans, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01141 fmt 6652 CARDINAL sfmt 6201 CARDINAL small business concerns owned and by women; and develop recommendations for metrics of and benchmarks for success, with respect to goals described in this section. later than 1 year DATE after the date which the administrator establishes the working under subsection (b), the working group shall to the committee on small business and of the senate ORG and the committee on small of the house of representatives a report that and (1). recommendations of working a recommended plan and timeline for the recommendations described in working group shall on the date on which the working group submits report required under subsection (e). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01142 fmt 6652 sfmt 6201 access to and investment capital 100501 DATE . funding for community advantage loan addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, to remain until september 30 DATE , $ 281,000,000 MONEY for carrying out paragraph of section 7(a LAW ) of the small business act ( 15 CARDINAL 636(a)), as added by subsection (b); $ 5,000,000 MONEY for carrying out subparagraph of such paragraph ( 38 CARDINAL ); and $ 314,000,000 MONEY for administrative expenses to carrying out such paragraph ( 38 CARDINAL ), issuing interim final rules. 7(a) of the small act ( 15 u.s.c QUANTITY . 636(a)) is amended by adding the end the following: community advantage loan this the term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01143 fmt 6652 CARDINAL sfmt 6201 a development company, as in section 103 LAW of the small investment act of 1958 DATE , in the loan program under title v of such act; a non-federally regulated certified as a community financial institution under the development banking financial institutions act of an intermediary, as in subsection (m)(11), that is a organization and is microloan program subsection (m); and an eligible intermediary, as in subsection (l)(1), in the small business lending pilot program under subsection (l)(2); a small business concern that has in existence for not less than 2 years 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01144 fmt 6652 sfmt 6201 the date on which a loan is made to the business concern under the program; the term means a business concern that has been in for not more than 2 years DATE on the on which a loan is made to the small concern under the program; the term means the advantage loan program under subparagraph (b); the term business concern an underserved means a small that is located a low- to community; a hubzone, as that is defined in section 31(b NORP ); a rural area; or any area for which a declaration or described in subparagraph (c), or (e) of subsection has been made that has terminated more than 2 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01145 fmt 6652 CARDINAL sfmt 6201 DATE before the date (or later, as by the administrator) which a loan is made to such under such subsection, in any area for which a major described in subsection has been declared, that shall be 5 years DATE ; or that is a new business; owned and controlled by owned and controlled by an who has completed a term imprisonment; owned and controlled by an with a disability, as that is defined in section 3 LAW of the with disabilities act of owned and controlled by a of an indian NORP tribe identified (including in the most recent list published to section 104 LAW of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01146 DATE fmt 6652 sfmt 6201 recognized indian NORP tribe list act otherwise identified by the 1994 DATE ; or there is a community advantage loan program which the administration may guarantee made by covered institutions under this including loans made to small concerns in underserved market requirement to make loans to less than 50 CARDINAL of loans made by a covered institution the program shall consist of loans made small business concerns in an underserved maximum loan in as in clause (ii), the maximum loan for a loan guaranteed under the is $ 250,000 MONEY . requested in by a covered institution, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01147 fmt 6652 sfmt 6201 administrator may approve a of a loan under the more and not more than as practicable and not later 14 business days DATE after a request under the administration review the and provide a regarding the request to covered institution the loan. major loan amount for a loan under the program that is to a small business concern in an area affected by a major is $ 350,000 MONEY . interest maximum rate for a loan guaranteed under the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01148 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL shall not exceed the maximum interest as determined by the administration, to other loans guaranteed under this administrator shall a training course and provide free or training to covered institutions making under the 100502 DATE . funding for credit enhancement and dollar loan funding. addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, to remain until september 30 DATE , $ 3,365,000,000 MONEY to carry out paragraph ( 39 CARDINAL ) section 7(a) of the small business act ( 15 u.s.c QUANTITY . as added by subsection (b); and $ 1,100,000,000 MONEY for administrative expenses to carrying out such paragraph ( 39 CARDINAL ), issuing interim final rules. small dollar loan 7(a CARDINAL ) the small business act ( 15 u.s.c QUANTITY . 636(a)), as amended section 10501 DATE , is further 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01149 fmt 6652 CARDINAL sfmt 6201 in paragraph ( 1)(a)(i CARDINAL ), in the third ORDINAL by striking and all that follows the period at the end and inserting a period; in paragraph ( 26 CARDINAL ), by inserting for collected under paragraph after and by adding at the end the following: small dollar loan this paragraph: term government means a small business concern is performing a government contract. small means a small concern that is assigned a north industry classification system beginning with 31 CARDINAL , 32 DATE , or 33 CARDINAL at the at which the small business concern loan under this subsection. direct administrator authorized to originate and disburse direct including through partnerships with third ORDINAL to small business concerns. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01150 fmt 6652 CARDINAL sfmt 6201 CARDINAL loan ( 3)(c CARDINAL ) of this subsection, a loan in accordance with this paragraph except as provided in (ii), not more than $150,000 MONEY ; not more than $1,000,000 MONEY , the borrower is a small or a small government respect to each loan in accordance with this paragraph, the an authorized third ORDINAL party, or an impose, collect, retain, and utilize which may be charged to the to cover any costs associated with applications or originating, underwriting, disbursing, closing, or liquidating the loan, including any lending agent costs, other program contract costs, or other agent expenses; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01151 fmt 6652 sfmt 6201 impose, collect, retain, and use (including unused fees and draw fees), may be charged to the borrower on for revolving lines of credit; and pay third ORDINAL parties, including lending agents and financial with which the administration for assistance in referring applicants promoting, originating, making, disbursing, closing, servicing, or loans in accordance with this on behalf of the administration. other in later than 90 after the date of the enactment of paragraph, the administrator shall interim final rules relating to the criteria, interest rate, maturity, other terms of a loan made in with this paragraph and revising any rules necessary to carry out this later than 90 DATE after the date of the enactment of paragraph, the administrator shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01152 fmt 6652 sfmt 6201 rules to allow reasonable assurance of of a loan made in accordance this paragraph, including reasonable of repayment from the assets to cash to be the sole and form of repayment under this 100503 DATE . extension of temporary fee reductions. addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 1,000,000,000 MONEY , remain available until september 30, 2026 DATE , for carrying this section. 7(a) loan 326 CARDINAL of the aid to hard-hit small businesses, nonprofits, and act (title iii of division n of public law 134 CARDINAL stat. 2036 DATE ; 15 CARDINAL u.s.c. 636 CARDINAL note) is in subsection (a)(2), by striking 1 CARDINAL , and inserting 1 CARDINAL , and in subsection (b)(2), by striking 1 CARDINAL , and inserting 1 CARDINAL , other 327 CARDINAL of the economic aid hard-hit small businesses, nonprofits, and venues 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01153 fmt 6652 sfmt 6201 (title iii of division n of public law 134 CARDINAL 2037 CARDINAL ; 15 CARDINAL u.s.c. 636 CARDINAL note) is in subsection (a)(1), by striking and inserting 30 CARDINAL , and in subsection (b)(1), by striking and inserting 30, 100504 DATE . funding for cooperatives ORG . addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 500,000,000 MONEY , remain available until september 30, 2031 DATE , for carrying paragraph ( 40 CARDINAL ) of section 7(a LAW ) of the small business ( 15 u.s.c QUANTITY . 636(a)), as added by subsection (b). cooperative lending 7(a) of small business act ( 15 u.s.c QUANTITY . 636(a)), as amended section 10502 LAW , is amended by adding at the end the cooperative lending this paragraph: community financial term financial has the meaning given in (36)(a); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01154 fmt 6652 sfmt 6201 term means an entity determined the administrator to be a and includes an entity owned by or consumers of the entity. eligible employee-owned term business a cooperative in which the of the cooperative are for membership; a qualified employee trust; other employee-owned as determined by the pilot term means the pilot program under subparagraph (b). is a pilot program under which the shall guarantee loans (including loans by community financial 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01155 fmt 6652 sfmt 6201 the requirement of a personal or entity where such loans are made to or eligible employee-owned business pilot program terminate on the date that is 5 years DATE after date of enactment of this delegated lending authority for 5(b)(7) of the small act ( 15 u.s.c QUANTITY . 634(b)(7)) is amended by striking ( 15 CARDINAL ) or and inserting ( 15 CARDINAL ), or 100505 DATE . funding for direct debentures. addition to amounts available, there is appropriated to the small business for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, to remain until september 30 DATE , $ 2,118,000,000 MONEY for carrying out subsection of section 503 LAW of the small business investment of 1958 DATE ( 15 u.s.c QUANTITY . 697 CARDINAL ), as added by (b); and $ 628,000,000 MONEY for administrative expenses to carrying out such subsection (j), including interim final rules. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01156 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL direct 503 CARDINAL of the small investment act of 1958 DATE ( 15 u.s.c QUANTITY . 697 CARDINAL ) is by adding at the end the following: direct this the term means a guaranteed by the administrator the authority under paragraph ( 2 CARDINAL ); the term a small business concern in an market; a small government contractor; a small manufacturer; the term energy means such equipment as the may designate as renewable equipment; and includes solar panels, wind and battery storage; the term business concern in underserved has the meaning given section 7(a)(38) of the small business act; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01157 fmt 6652 sfmt 6201 the term government means a small business concern that is a government contract; and the term means small business concern that is assigned a american NORP industry classification system beginning with 31 CARDINAL , 32 DATE , or 33 CARDINAL at the time which the small business concern receives under this subsection. as otherwise in this subsection, the administrator may the timely payment of all principal and as scheduled under this subsection on a issued by any qualified state or local company under the same terms, conditions, processes as a guarantee made under the under subsection (a)(1). use of proceeds of a for a small business concern that is eligible entity, may be used for any purpose which a loan under section 502 LAW may be including to acquire renewable energy and for working capital; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01158 fmt 6652 CARDINAL sfmt 6201 for a small business concern that is an eligible entity, may be used to acquire energy equipment. maximum loan in direct debenture be an amount not more cost of amount of proceeds of a direct debenture may not the amount equal to 100 percent PERCENT of the of the project for which the proceeds are be used. criteria for no community injection funds with of section 502(a)(3) shall not be required a direct debenture. funding from small business small business concern receiving under a direct for a direct debenture used for capital, is not required to provide toward the total cost of the project 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01159 fmt 6652 CARDINAL sfmt 6201 for a direct debenture used for energy equipment, may provide more than 10 percent PERCENT of the total cost the project financed; and for a direct debenture used for other eligible purpose, shall provide less than 5 percent PERCENT of the total cost of project financed. respect to each debenture in accordance with this paragraph, in addition other fees authorized under this section, the an authorized third ORDINAL party, or an agent impose, collect, retain, and utilize which shall be charged to the borrower, to any costs associated with referring or originating, underwriting, making, closing, and servicing, or liquidating loan, including any central servicing agent other program or contract costs, or other administrative expenses; impose, collect, retain, and use fees unused fees and draw fees), which be charged to the borrower on loans for lines of credit; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01160 fmt 6652 CARDINAL sfmt 6201 establish fees that may be charged by lenders for interim financing provided connection with a direct debenture, including assistance in referring applicants or originating, making, underwriting, closing, servicing, or liquidating loans accordance with this paragraph on behalf of administration. interim this shall be construed to restrict the ability a state or local development company to use a party lender or another lender to provide financing for all project costs except the contribution, accordance with section of title 13 CARDINAL , code of federal regulations, or successor thereto, in connection with providing direct debenture to a small business concern. other in later than 90 after the date of the enactment of this the administrator shall issue final rules relating to the underwriting interest rate, maturity, collateral, and other terms or project requirements a direct debenture made in accordance with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01161 fmt 6652 sfmt 6201 CARDINAL subsection and revising any other rules to carry out this subsection. than 90 after the date of the enactment of this the administrator shall issue rules allow reasonable assurance of repayment of direct debenture, including reasonable of repayment from the assets converting to to be the primary form of repayment this calculation of job creation 501(e)(4 CARDINAL ) of the small business act of 1958 DATE ( 15 u.s.c QUANTITY . 695(e)(4)) is amended to as follows: loans for projects of small manufacturers and debenture loans under section 503(j) shall be from calculations under paragraph ( 2 CARDINAL ) or ( 3 CARDINAL ) of second ORDINAL chances 100601 DATE . reentry entrepreneurship counseling training for incarcerated and incarcerated individuals. reentry entrepreneurship counseling training for incarcerated 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01162 fmt 6652 CARDINAL sfmt 6201 CARDINAL addition to amounts available, there is appropriated to the business administration, out of any money in treasury not otherwise appropriated $ 5,000,000 MONEY each of fiscal years 2022 DATE through 2028 DATE to carry section 53 CARDINAL of the small business act, as added paragraph ( 2 CARDINAL ). amounts appropriated by this shall remain available for 3 fiscal years DATE . in small business act ( 15 631 CARDINAL et seq.) is amended by inserting after 52 CARDINAL , as added by section 10301 LAW of this title, following: 53 CARDINAL . reentry entrepreneurship counseling training for incarcerated this section: covered term means an individual who is a term of imprisonment in a facility as a minimum, low, or medium security. resource term means a small business development (defined in section 3 LAW ) or a business (described under section 29 LAW ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01163 fmt 6652 CARDINAL sfmt 6201 administrator shall with resource partners and associations formed pursue matters of common concern to resource partners provide entrepreneurship counseling and training to covered individuals pursuant to subsection (c). use of made available this section shall be used develop and deliver a curriculum, including instruction and in-depth training to skills related to business planning and literacy; train mentors and instructors; establish public-private partnerships to covered individuals; and identify opportunities to access reentry entrepreneurship counseling training for formerly incarcerated addition to amounts available, there is appropriated to the business administration, out of any money in for each of fiscal years 2022 DATE through to carry out section 54 of the small business as added by paragraph ( 2 CARDINAL ). amounts 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01164 fmt 6652 sfmt 6201 by this subsection shall remain available for fiscal years DATE . in small business act ( 15 631 CARDINAL et seq.) is amended by inserting after 53 DATE , as added by subsection (a), the following: 54 CARDINAL . reentry entrepreneurship counseling training for formerly individuals. covered individual this the term means an individual completed a term of imprisonment. administrator shall a program under which the service corps of executives authorized by section 8(b)(1)(b LAW ) shall entrepreneurship counseling and training services covered individuals on a nationwide basis. use of made available this section shall be used by the service corps of executives for providing to covered individuals the services: regular individualized mentoring sessions identify and support development of the business of covered individuals. workshops on topics specifically tailored to the needs of covered individuals. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01165 fmt 6652 CARDINAL sfmt 6201 CARDINAL instructional videos designed specifically covered individuals on how to start or expand a business 100602. new start entrepreneurial program for formerly individuals. addition to amounts available, there is appropriated to the small business out of any money in the treasury ORG not appropriated, $ 5,000,000 MONEY , for each of fiscal years through 2028 DATE for carrying out this section. amounts by this subsection shall remain available for fiscal years DATE . this covered term means an individual completed a term of imprisonment; meets the offense eligibility set forth in any applicable policy notice other guidance issued by the small business for the program established section 7(m) of the small business act u.s.c. 636(m PERSON )). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01166 fmt 6652 CARDINAL sfmt 6201 CARDINAL intermediary; terms and have the meanings those terms, respectively, in section 7(m)(11 LAW ) the small business act ( 15 u.s.c QUANTITY . 636(m)(11)). participating term means a participating lender under section 7(a LAW ) of the small business act u.s.c. 636(a)). pilot term means the pilot program established under (b). resource term a small business development center in section 3 LAW of the small business act u.s.c. 632 CARDINAL )); a business center (described section 29 LAW of such act ( 15 u.s.c QUANTITY . 656 CARDINAL )); a chapter of the service corps of executives (established under section act u.s.c. and a veteran business outreach center under section 32 LAW of such act ( 15 CARDINAL 657b PRODUCT )). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01167 fmt 6652 CARDINAL sfmt 6201 administrator shall a pilot program to award grants to organizations, partnerships of organizations, to provide assistance to individuals throughout the united states GPE . in organization or of organizations desiring a grant under the program shall submit an application to the in such form, in such manner, and such information as the administrator may require. application paragraph ( 1 CARDINAL ) demonstrate that the applicant has a with, or is, an intermediary that make microloans to covered individuals; demonstrate an ability to provide a full of entrepreneurial development on an ongoing basis; include a plan for reaching covered including by identifying particular populations within the community in a covered individual lives; include a plan to refer covered who have completed participation in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01168 fmt 6652 CARDINAL sfmt 6201 CARDINAL program to existing resource partners and lenders; include a comprehensive plan for the of grant funds, including estimates for expenses and outreach costs; and any other requirements, as determined the administrator. matching in a condition of a grant under the pilot program, the administrator require the recipient of the grant to contribute amount equal to 25 percent PERCENT of the amount of the obtained solely from non-federal sources. addition to cash or other direct the contribution required under paragraph may include indirect costs or in-kind paid for under non-federal programs. matters 100701 DATE . administrative expenses. in addition to amounts otherwise there is appropriated to the administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 1,250,000,000 MONEY , to remain until september 30, 2031 DATE , for administrative 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01169 fmt 6652 CARDINAL sfmt 6201 related to carrying out this title, except as provided in this title. amounts made available subsection (a), not later than 30 days DATE after the date the enactment of this act, the administrator may issue including interim final rules, as necessary to carry this title and the amendments made by this title. respect to amounts under subsection the secretary of the treasury ORG shall complete disbursements and remaining obligations before 30, 2031 DATE ; and the unexpended balance of such amounts 30, 2031, shall be rescinded and into the general fund of the treasury ORG . 100702 CARDINAL . office of the inspector general of the business administration. addition to amounts otherwise available, there is to the office of the inspector general of the business administration for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , for audits, investigations, and other oversight of and activities carried out with funds made by this title to the small business administration. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01170 fmt 6652 CARDINAL sfmt 6201 and 110001 DATE . affordable housing access program. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any funds in the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , for competitive grants to support access to housing and the enhancement of mobility for in disadvantaged communities or neighborhoods, in poverty communities, or for low-income riders criteria and secretary of and urban development and the administrator the federal transit administration shall establish and a process for the allocation of funds made under this section in a manner to ensure that such access to affordable housing; enhanced mobility for residents and riders, those in disadvantaged communities and persistent poverty communities, or low-income riders generally; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01171 fmt 6652 CARDINAL sfmt 6201 CARDINAL other community benefits for residents of communities or neighborhoods, poverty communities, or for low-income riders identified by the secretary and the related to enhanced transit service, access to job and educational better connections to medical care; or enhanced access to grocery stores with foods to help eliminate food deserts. administration of made under this section be available to recipients and subrecipients under chapter 53 LAW of title 49 DATE , united states GPE after allocation, be administered by the of the federal transit to recipients and subrecipients areas, as if such funds were provided section 5307 LAW of title 49 CARDINAL , united states GPE to recipients and subrecipients in rural as if such funds were provided under 5311 of such title; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01172 fmt 6652 CARDINAL sfmt 6201 for any project activities related to the of zero CARDINAL -emission buses or related as if funds for such activities were under section 5339(c LAW ) of such title; for any activities related to research supports efforts to reduce barriers to the of zero CARDINAL -emission transit vehicles in communities or neighborhoods rural areas, including barriers related to cost of such vehicles, as if funds for such were provided under section 5312 LAW of title; or for any activities related to the and development of the transit workforce provides service to disadvantaged or neighborhoods and rural areas, the creation of new employment in the transit industry for workers from communities, neighborhoods or areas, as if for such activities were provided under 5314 of such title; not be subject to any restriction on the total of funds available for implementation or of programs authorized under section 5307, 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01173 CARDINAL fmt 6652 sfmt 6201 5312 DATE , 5314 DATE , or 5339 DATE of title 49 CARDINAL , united states GPE project; and notwithstanding paragraph ( 1 CARDINAL ), be available grants for up to 100 percent PERCENT of the net cost of be expended in compliance with the of part 26 CARDINAL of title 49 DATE , code of federal eligible activities for made available under this section shall construction of a new fixed guideway capital construction of a bus rapid transit project a corridor-based bus rapid transit project that zero CARDINAL -emission vehicles, including costs related the acquisition of such vehicles and related or fueling infrastructure, or a collection of such the establishment or expansion of bus service that utilizes zero CARDINAL -emission buses, costs related to the acquisition of such and related charging or fueling infrastructure, does not have all of the features of a bus rapid project or corridor-based bus rapid transit 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01174 fmt 6652 sfmt 6201 an expansion of the service area or the of service of recipients or subrecipients under 5311 of title 49 CARDINAL , united states code, which include operational expenses, including the of fare-free or reduced-fare service, or the of vehicles or infrastructure to expand notwithstanding subsection (a)(1) of section of such title, an expansion of the service area the frequency of service of recipients under such which may include operational expenses, the provision of fare-free or reduced-fare or the acquisition of zero CARDINAL -emission vehicles infrastructure to expand service; renovation or construction of facilities and expenses to continue or expand transit in disadvantaged communities or or service that benefits low-income riders research activities and capital expenses to research under section 5312 LAW of such title support efforts to reduce barriers to the of zero CARDINAL -emission transit vehicles in communities or neighborhoods and rural 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01175 fmt 6652 CARDINAL sfmt 6201 including barriers related to the cost of such activities under section 5314 LAW of such title support the training and development of the workforce that provides service to communities or neighborhoods and rural including the creation of new employment in the transit industry for workers from communities, neighborhoods, or areas; additional assistance to project sponsors of fixed guideway capital projects, core capacity projects, or corridor-based bus rapid projects not yet open to revenue service, applicable requirements regarding share of contributions toward net project of the project or the share of contributions from program carried out by the administrator of the transit administration, the applicant demonstrates that the of funding under this section additional support for access to affordable and the enhancement of mobility for disadvantaged communities or persistent poverty communities, for low-income riders generally in the service 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01176 fmt 6652 CARDINAL sfmt 6201 of the recipient, consistent with the described in subsection (b); and assistance under this paragraph does by more than 10 CARDINAL percentage the government share of toward net project cost; or the government share of from a program carried out by the of the federal transit fleet transition, route, or other public planning, including planning related economic development; or projects to upgrade the accessibility of bus rail public transportation services for persons disabilities, who use in disadvantaged communities or administrative addition to otherwise available, there is appropriated for year 2022 DATE , out of any funds in the treasury ORG not appropriated, $ 100,000,000 MONEY , to remain available until 30, 2026 DATE , for the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01177 fmt 6652 CARDINAL sfmt 6201 the costs of administering and overseeing implementation of this section. to make new awards or to increase prior to provide technical assistance and capacity for eligible recipients or subrecipients under section. 110002 DATE . community climate incentive grants. federal highway administration ORG addition to amounts otherwise available, is appropriated for fiscal year 2022 DATE , out of any funds the treasury ORG not otherwise appropriated, $ 50,000,000 MONEY , remain available until september 30, 2026 DATE , to the of the federal highway to establish a greenhouse gas performance that requires states to set performance to reduce greenhouse gas emissions; to establish an incentive structure to reward demonstrate most significant towards achieving reductions in greenhouse emissions; to establish consequences for states that do achieve reductions in greenhouse gas emissions; to issue guidance and regulations, and technical assistance, as necessary to implement section; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01178 fmt 6652 CARDINAL sfmt 6201 from any remaining amounts after carrying paragraphs ( 1 CARDINAL ) through (4), for operations and of the federal highway grants to addition to amounts available, there is appropriated for fiscal year DATE out of any funds in the treasury ORG not otherwise $ 950,000,000 MONEY , to remain available until 30, 2026 DATE , to the administrator of the federal administration, for incentive grants for carbon projects, to be awarded to states qualify for a reward under the incentive established by the administrator under (a)(2); or have adopted carbon reduction strategies contribute to achieving net-zero greenhouse gas by 2050 DATE , and have incorporated such into the transportation plans required section 135 LAW of title 23 CARDINAL , united states code. grants to other eligible to amounts otherwise available, there is for fiscal year 2022 DATE , out of any funds in the not otherwise appropriated, $ 3,000,000,000 MONEY , to available until september 30, 2026 DATE , to the of the federal highway administration for grants, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01179 fmt 6652 sfmt 6201 be awarded on a competitive basis, for carbon reduction to eligible entities that are not states. use of in made available under (b) and (c) shall be administered as if available under chapter 1 LAW of title 23 CARDINAL , united code, and a project carried out under this shall be treated as a project on a federal- highway under such chapter. grants to made under subsection (b) administered by or a state department of transportation shall expended in compliance with the requirements of 26 CARDINAL of title 49 DATE , code of federal regulations. federal in federal share for a of funds that is not a state under this may be up to 100 percent PERCENT . federal share for a recipient funds under this section that is a state shall be in accordance with section 120 CARDINAL of title united states code. made available under this shall 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01180 fmt 6652 sfmt 6201 be subject to any restriction or limitation on total amount of funds available for or execution of programs authorized for highways; and be used for projects that result in additional travel lanes for single occupant passenger this section: carbon reduction carbon project means a project that is eligible title 23 CARDINAL , united state code, and will result in significant reductions in gas emissions related to a surface facility or project; provides zero CARDINAL -emission transportation trips; or reduces dependence on single-occupant advances carbon reduction strategies by an eligible entity that contribute to net-zero greenhouse gas emissions by eligible term a unit of local government; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01181 fmt 6652 CARDINAL sfmt 6201 a political subdivision of a state; a territory; a metropolitan planning organization defined in section 134 LAW of title 23 CARDINAL , united code); a special purpose district or public with a transportation function; a recipient of funds under section 202 title 23 LAW , united state code; or a state. term has the given the term in section 101 LAW of title 23 CARDINAL , united 110003 DATE . neighborhood access and equity code. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any funds in the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to the administrator of the federal highway for grants to eligible entities described in (b) to improve walkability, safety, and transportation access through construction such term is defined in section 101 LAW of title 23 CARDINAL , 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01182 fmt 6652 CARDINAL sfmt 6201 CARDINAL states code) of projects that are context to remove, remediate, or reuse a described in subsection (c)(1); to replace a facility described in (c)(1) with a facility that is at-grade or speed; (c)(1); to retrofit or cap a facility described in to build or improve complete streets, trails, regional greenways, or active networks or spines; or to provide affordable access to destinations, public spaces, or links and hubs; for mitigation grants to eligible entities in subsection (b) to remediate negative on the human or natural environment from a facility described in subsection (c)(2) in disadvantaged or underserved community, construction (as such term is defined in section of title 23 CARDINAL , united states code) noise barriers to reduce impacts from a facility described in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01183 fmt 6652 CARDINAL sfmt 6201 CARDINAL technologies, infrastructure, and to reduce surface transportation-related air including greenhouse gas emissions; infrastructure or protective features to or manage stormwater run-off resulting a facility described in subsection (c)(2), through natural infrastructure and permeable, or porous pavement; infrastructure and natural features to or to mitigate, urban heat island hot in the transportation right of way or on transportation facilities; or safety improvements for vulnerable users; and for grants to eligible entities described in (b) for planning and capacity building in disadvantaged or underserved communities identify, monitor, or assess local and air quality, emissions of transportation gases, hot spot areas of extreme or elevated air pollution, gaps in tree coverage, or flood prone locations; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01184 fmt 6652 sfmt 6201 assess transportation equity or impacts and develop local anti-displacement and community benefit agreements; conduct predevelopment activities for eligible under this subsection; expand public participation in planning by individuals and in disadvantaged or underserved or administer or obtain technical related to activities described in this eligible entities eligible referred to in subsection (a) a state (as such term is defined in section of title 23 CARDINAL , united states code); a unit of local government; a political subdivision of a state (as such is defined in section 101 LAW of title 23 CARDINAL , united code); a recipient of funds under section 202 of 23 LAW , united states code; a territory of the united states GPE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01185 fmt 6652 CARDINAL sfmt 6201 a metropolitan planning organization (as in section 134(b) of title 23 CARDINAL , united states GPE or with respect to a grant described in (a)(3), in addition to an eligible entity in paragraphs ( 1 CARDINAL ) through ( 6 CARDINAL ), a nonprofit or institution of higher education that entered into a partnership with an eligible entity in paragraphs ( 1 CARDINAL ) through (6). facility facility a surface transportation facility for which speeds, grade separation, or other design create an obstacle to connectivity within a or a surface transportation facility which is a of air pollution, noise, stormwater, or other to a disadvantaged or underserved local technical addition to otherwise available, there is appropriated for year 2022 DATE , out of any funds in the treasury ORG not appropriated, $ 50,000,000 MONEY , to remain available until 30, 2026 DATE , to the administrator of the federal administration 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01186 fmt 6652 CARDINAL sfmt 6201 guidance, technical assistance, templates, or tools to facilitate efficient and effective design, and project delivery by units of government; subgrants to units of local government to capacity of such local government to assume to deliver surface transportation and operations and administration of the highway administration. use of in administrator shall grants to eligible entities described in (b) that submit an application to the at such time, in such manner, and such information as the administration minimum than of funds made available under (a) shall be distributed for projects in are economically disadvantaged, an underserved community or a located in an area of persistent poverty; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01187 fmt 6652 CARDINAL sfmt 6201 have entered or will enter into a benefits agreement with representatives the community; have an anti-displacement policy, a land trust, or a community advisory in effect; or have demonstrated a plan for local residents in the area impacted by the or project proposed under this section. in made available subsection (a) shall be administered as if available under chapter 1 LAW of title 23 CARDINAL , united code, and a project carried out under this shall be treated as a project on a federal- highway under such chapter. grants to made under subsection (a) administered by or a state department of transportation shall expended in compliance with the requirements of 26 CARDINAL of title 49 DATE , code of federal regulations. cost federal share of the cost of activity carried out using a grant awarded under this shall be not more than 80 percent PERCENT , except that the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01188 fmt 6652 sfmt 6201 CARDINAL share of the cost of a project in a disadvantaged underserved community may be up to 100 percent PERCENT . made available under this shall be subject to any restriction or limitation on total amount of funds available for or execution of programs authorized for highways; and be used for a project for additional through lanes for single-occupant passenger vehicles. 110004 DATE . federal highway administration ORG 202 CARDINAL funds. in addition to amounts otherwise available, there is appropriated for fiscal year 2022 DATE , of any funds in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available until 30, 2026 DATE , to the administrator of the federal administration for the purposes described under 202 CARDINAL of title 23 CARDINAL , united states code. distribution of administrator the federal highway administration shall administer made available under subsection (a) as if under section 202 LAW of title 23 CARDINAL , united states code. made available under this shall not be subject to any restriction or limitation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01189 fmt 6652 sfmt 6201 the total amount of funds available for implementation execution of programs authorized for federal-aid 110005 DATE . territorial highway program funding. in addition to amounts otherwise available, there is appropriated for fiscal year 2022 DATE , of any funds in the treasury ORG not otherwise $ 320,000,000 MONEY , to remain available until 30, 2026 DATE , to the administrator of the federal administration for the purposes described under 165(c) of title 23 CARDINAL , united states code. administration of of the federal highway administration shall amounts made available under subsection (a) as allocated under section 165(c) of title 23 CARDINAL , united states ORG made available under this shall not be subject to any restriction or limitation the total amount of funds available for implementation execution of programs authorized for federal-aid 110006 DATE . traffic safety clearinghouse. in addition to amounts otherwise available, there is appropriated for fiscal year 2022 DATE , of any funds in the treasury ORG not otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01190 fmt 6652 CARDINAL sfmt 6201 $100,000,000 MONEY to remain available until september 2026 DATE , for the administrator of the national highway safety administration to make 1 CARDINAL or more grants, agreements, or contracts with 1 CARDINAL or more institutions operate a national clearinghouse for fair equitable traffic safety enforcement programs; research and develop systems for states to traffic safety enforcement data and provide assistance to states collecting such data, the sharing of data to a national database; develop recommendations and best practices help states collect and use traffic safety data to promote equity and reduce fatalities and injuries; and develop information and educational on implementing equitable traffic safety best practices to assist states and local more than 5 percent PERCENT of amounts made available under this section may be for salaries, expenses, and administration of the highway traffic safety administration. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01191 fmt 6652 CARDINAL sfmt 6201 110007 DATE . automated vehicles and mobility addition to amounts otherwise made available, is appropriated for fiscal year 2022 DATE , out of any funds the treasury ORG not otherwise appropriated, $ 8,000,000 MONEY , remain available until september 30, 2026 DATE , to the of transportation to make a grant to a qualified of higher education operate a national highly automated vehicle mobility innovation clearinghouse; collect, conduct, and support research on secondary and societal impacts of highly vehicles and mobility innovation on the built and disseminate and make such research on a public website to assist communities. 110008 DATE . local transportation priorities. in addition to amounts otherwise available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any funds in treasury ORG not otherwise appropriated, $ 6,000,000,000 MONEY remain available until september 30, 2026 DATE , for projects advance local surface transportation priorities. davis bacon PERSON in laborers and mechanics by contractors or subcontractors in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01192 fmt 6652 CARDINAL sfmt 6201 CARDINAL of construction, alteration, or repair carried out, in whole or in part, with assistance available under this section shall be paid at rates not less than those prevailing on of a character similar in the locality as by the secretary of labor in accordance subchapter iv of chapter 31 LAW of title 40 CARDINAL , united code. authority and to the labor standards specified in this the secretary of labor shall have the and functions set forth in reorganization numbered 14 CARDINAL of 1950 ( 64 CARDINAL stat. 1267; 5 app QUANTITY .) and section 3145 CARDINAL of title 40 CARDINAL , united code. 110009 DATE . passenger rail and emissions reduction addition to amounts available, there is appropriated to the secretary of for fiscal year 2022 DATE , out of any money in to remain available until september 30 DATE , for financial assistance under chapter 261 LAW of title 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01193 fmt 6652 CARDINAL sfmt 6201 CARDINAL united states code, to eligible entities for eligible the funds provided pursuant to (a), not less than 10 percent PERCENT shall be used for projects as described under subsection (e)(1)(a). federal any financial assistance pursuant to this section, the federal share may exceed 90 percent PERCENT of the total cost of the eligible more than 1 percent PERCENT of the made available under subsection (a) shall be for use of the secretary of transportation for the costs award and project management of financial assistance under this section. this section: eligible term a planning project for high-speed rail development that consists of planning eligible to receive financial assistance section 26101(b) of title 49 CARDINAL , united code; or a capital project for high-speed rail development 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01194 fmt 6652 sfmt 6201 directly serves rail stations within areas, as published by the bureau of census, that are located in close to a census tract, as published by the of the census, within the urban that has a greater population density the urban area as a whole; and is eligible to receive financial for a capital project, as defined in 26106(b)(3 CARDINAL ) of title 49 CARDINAL , united code. eligible term an entity eligible to receive financial under section 26101 LAW of title 49 DATE , states code; or an applicant eligible to receive a grant section 26106 DATE of title 49 CARDINAL , united states GPE high-speed term means non-highway ground transportation that owned or operated by an eligible entity and expected to reach speeds of 160 miles QUANTITY per or more on shared-use right-of-way or 186 per hour TIME or more on dedicated right-of-way. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01195 fmt 6652 CARDINAL sfmt 6201 term means an modified, or proposed intercity passenger service, as defined in section 26106(b LAW ) of title united states code. 110010 DATE . railroad rehabilitation and financing credit risk assistance. addition to amounts available, there is appropriated to the secretary of out of any money in the treasury ORG not appropriated, $ 150,000,000 MONEY , in fiscal year 2022 DATE , to available until september 30, 2026 DATE , to provide risk premium assistance to eligible entities through railroad rehabilitation infrastructure and financing established by title v of the railroad and regulatory reform act of 1976 DATE . eligible purposes of this eligible entities shall railroad carriers as defined in section 20102 CARDINAL title 49 CARDINAL , united states code; state or local governments; or government-sponsored authorities or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01196 fmt 6652 sfmt 6201 public passenger rail than 50 percent of the amounts appropriated subsection (a) shall be set aside for publicly or operated passenger rail projects. freight less than 25 CARDINAL of the amounts appropriated under (a) shall be set aside for freight railroads are not class i railroads. 110011 DATE . alternative fuel and low-emission technology program. in addition to amounts otherwise available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available until 30, 2026 DATE , for the secretary of transportation to grants to, and enter into cost-sharing agreements eligible entities to carry out projects located in the states develop, demonstrate, or apply low-emission technologies; or produce, transport, blend, or store aviation fuels that would reduce greenhouse gas attributable to the operation of aircraft have fuel uplift in the united states GPE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01197 fmt 6652 sfmt 6201 carrying out subsection (a), the shall consider, with respect to a proposed the anticipated public benefits of the the potential to increase the domestic and deployment of sustainable aviation fuel the use of low-emission aviation technologies the united states GPE commercial aviation and industry; states; the potential for creating new jobs in the the potential the project has to reduce or on a lifecycle basis, united states ORG gas emissions associated with air travel; the proposed utilization of non-federal cost- contributions; for projects related to the production of aviation fuel, the potential net greenhouse emissions impact of such fuel on a lifecycle which shall include feedstock, fuel production, potential direct and indirect greenhouse gas (including resulting from changes in land 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01198 fmt 6652 CARDINAL sfmt 6201 how the project will strengthen the of the united states GPE in either sustainable fuels or in low-emission aviation technologies; the benefits of ensuring a diversity of for sustainable aviation fuel, including the use waste carbon oxides and direct air capture; the potential for partnerships with relevant chain stakeholders for sustainable aviation the potential to leverage existing industrial to accelerate the deployment of aviation fuels; aeronautical construction and design that result in more efficient aircraft, new aircraft architectures, innovative integration, and high-performance lightweight more efficient aircraft engines, including engine architectures, hybrid-electric and all-electric engines suitable for fully or powering aircraft operations; and air traffic management and navigation that permit more efficient flight 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01199 fmt 6652 sfmt 6201 funding the amount made under subsection (a), 30 percent PERCENT of such amount be awarded for projects described in subsection and 70 percent PERCENT of such amount shall be awarded projects described in subsection (a)(2). federal cost secretary shall a higher federal share of project costs for any agreement or grant awarded to any eligible for a project under subsection (a) that involves a aviation technology that exceeds a 20 percent PERCENT in fuel burn compared to current best in class or a sustainable aviation fuel that substantially a 50 percent PERCENT lifecycle greenhouse gas emission compared to conventional jet fuels. program a condition of funds under this section, the secretary may an award under this section only if the secretary received written assurances from the recipient any low-emission aviation technology that is or is part of a project funded by a grant subsection (a)(1) is produced in the united any sustainable aviation fuel that is part of project funded by a grant under subsection (a)(2) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01200 fmt 6652 CARDINAL sfmt 6201 produced in the united states GPE ; and is not derived from feedstocks that are through practices that threaten mass harm biodiversity, or otherwise environmentally unsustainable and the recipient of grant funding has considered the environmental justice and impacts of any project on underserved development 47112(a) of 49 CARDINAL , united states code, is amended by inserting for a project funded under section 110011 LAW of the entitled act to provide for reconciliation pursuant title ii of s. con. res. after administrative secretary retain up to 1 percent PERCENT of the funds provided under section to fund the award of, and oversight by the of, grants made under this section. this section: eligible term a state or local government other than airport sponsor; an air carrier; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01201 fmt 6652 sfmt 6201 an airport sponsor; an accredited institution of higher a person or entity engaged in the transportation, blending or storage of aviation fuel or feedstocks that be used to produce sustainable aviation a person or entity engaged in the demonstration, or application of low- aviation technologies; or nonprofit entities or nonprofit with experience in sustainable aviation low-emission technology, or other clean research programs. low-emission aviation term aviation means that improve aircraft fuel efficiency; increase utilization of sustainable fuels; or reduce greenhouse gas emissions during operation of civil aircraft. sustainable aviation term aviation means liquid fuel 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01202 DATE fmt 6652 CARDINAL sfmt 6201 consists of synthesized hydrocarbons; meets the requirements astm standard or the co-processing provisions of international standard d1655, a1 PERSON (or such successor standard); is derived from biomass (as such term defined in section 45k(c)(3 LAW ) of the internal code of 1986 DATE ), waste streams, energy sources or gaseous carbon oxides; is not derived from palm fatty acid and achieves at least a CARDINAL 50 percent PERCENT lifecycle gas emissions reduction in with petroleum-based jet fuel, as by a test that production pathway at least a CARDINAL 50 percent PERCENT reduction of aggregate attributional core lifecycle gas emissions and the induced use change values under the lifecycle for sustainable aviation fuel by the international civil aviation for the carbon offsetting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01203 fmt 6652 sfmt 6201 CARDINAL reduction scheme for international with the agreement of the united or production pathway at least a CARDINAL 50 percent PERCENT reduction of aggregate attributional core lifecycle gas emissions values under methodology that the secretary, in with the administrator of the protection agency, reflective of the latest understanding gas emissions; and as stringent as the under clause (i). time limit for adoption of new aviation fuel emissions reduction purposes of clause (ii) of subsection (h)(3)(e), the in consultation with the administrator of the protection agency, shall, not later than 2 after the date of the enactment of this section, adopt least 1 methodology for testing lifecycle greenhouse gas that meets the requirements of such clause. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01204 fmt 6652 sfmt 6201 110012 DATE . implementation of the carbon and reduction scheme for aviation. in addition to amounts otherwise available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 6,000,000 MONEY , to remain available until september 2026 DATE , for the secretary of transportation to ensure united states complies with its obligations with to volume iv of annex 16 CARDINAL to the convention on civil aviation ( 61 CARDINAL stat. 1180 DATE ) and reduction scheme for international in secretary shall issue with requirements to ensure the united complies with the obligations referenced in (a), including requirements for operators civil aircraft of the united states GPE with respect monitoring, reporting, and verifying of carbon emissions covered under corsia DATE , cancelling eligible emissions units reporting and verifying such cancellations, reporting use of corsia eligible fuels; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01205 fmt 6652 CARDINAL sfmt 6201 CARDINAL submission of such information as the determines is necessary with respect implementation of the corsia. standards and recommended issued under this subsection be consistent with applicable standards and practices published in volume iv of 16 CARDINAL to the convention on international civil ( 61 CARDINAL stat. 1180 DATE ) and associated elements, adopted by the international civil organization ORG prior to enactment of this and any amendments or updates to such and related documents with which the united concurs. later than december 31, 2022 DATE , every 3 years DATE thereafter, the secretary shall submit the committee on transportation and infrastructure the house of representatives and the committee on science, and technology of the senate ORG a report the compliance of operators of civil aircraft in the united states GPE with regulations issued under section as well as the standards and recommended referenced in subsection (b)(2), as applicable. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01206 fmt 6652 sfmt 6201 110013 DATE . assistance to update and enforce resistant codes and standards. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended, to the of the federal emergency management to carry out activities described in section 203(i) the robert t. stafford PERSON disaster relief and emergency act ( 42 u.s.c QUANTITY . 5133(i)), notwithstanding 203(f)(2 CARDINAL ) of such act ( 42 u.s.c QUANTITY . 5133(f)(2)), for activities and grants that provide technical and capacity building for state, local, indian NORP tribal, territorial governments for establishing, implementing, carrying out enforcement activities of the latest editions of relevant performance-based and codes, specifications, and standards that hazard-resistant designs and the latest for the maintenance and inspection of existing to address hazard risk. cost federal share of the provided in this section shall be 100 percent PERCENT . addition to amounts made administrative expenses under section of the robert t. stafford PERSON disaster relief and assistance act ( 42 u.s.c QUANTITY . 5135(d)(2)), there 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01207 fmt 6652 sfmt 6201 appropriated for fiscal year 2022 DATE , out of any money in treasury not otherwise available, $ 9,000,000 MONEY to the of the federal emergency management to remain available until expended, for of this section. 110014 DATE . hazard PERSON mitigation revolving loan fund. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended, to the of the federal emergency management for the establishment and carrying out of hazard revolving loan fund grants under section 205 LAW the robert t. stafford PERSON disaster relief and emergency act ( 42 u.s.c QUANTITY . 5135). addition to amounts made administrative expenses under section of the robert t. stafford PERSON disaster relief and assistance act ( 42 u.s.c QUANTITY . 5135(d)(2)), there appropriated for fiscal year 2022 DATE , out of any money in treasury not otherwise available, $ 5,000,000 MONEY to the of the federal emergency management to remain available until expended, for of this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01208 fmt 6652 CARDINAL sfmt 6201 110015 DATE . upgrading public alert and warning. in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until september 30 DATE , to the administrator of the federal emergency agency to upgrade the integrated public and warning system for implementation of the next warning system. assistance to certain out subsection (a), the administrator of the federal management agency is authorized to issue risk-informed financial assistance to broadcasting entities, as defined in section 397 of the act of 1934 LAW ( 47 u.s.c QUANTITY . 397 CARDINAL ). addition to amounts made administrative expenses under section of the robert t. stafford PERSON disaster relief and assistance act ( 42 u.s.c QUANTITY . 5135(d)(2)), there appropriated for fiscal year 2022 DATE , out of any money in treasury not otherwise available, $ 1,000,000 MONEY to the of the federal emergency management to remain available until september 30, 2026 DATE , for of this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01209 fmt 6652 CARDINAL sfmt 6201 110016 DATE . federal assistance for emergency in addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out any money in the treasury not otherwise appropriated, to remain available until expended, to the of the federal emergency management for grants for construction, retrofit, technological and updated requirements of state, local, tribal, and territorial emergency operations under section 614 LAW of the robert t. stafford PERSON disaster and emergency assistance act ( 42 u.s.c QUANTITY . 5196c). state may provide grant funds under this subsection local governments and tribal governments to carry out activities for which such funds are provided. addition to amounts made administrative expenses under section of the robert t. stafford PERSON disaster relief and assistance act ( 42 u.s.c QUANTITY . 5135(d)(2)), there appropriated for fiscal year 2022 DATE , out of any money in treasury not otherwise available, $ 13,000,000 MONEY to the of the federal emergency management to remain available until expended, for of this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01210 fmt 6652 CARDINAL sfmt 6201 amount of a project under a provided under this section may not exceed code using funds under (a), a grant recipient shall act in compliance with latest published editions of relevant consensus-based specifications, and standards that incorporate the hazard resistant designs and establish minimum criteria for the design, construction, and of structures and facilities for the purpose of the health, safety, and general welfare of the users against disasters. 110017 DATE . fema procurement, construction, and addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 200,000,000 MONEY , remain available until september 30, 2026 DATE , to the of the federal emergency management for the construction, renovation, retrofit, technological and updated requirements of federal training centers and federal emergency operations 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01211 DATE fmt 6652 CARDINAL sfmt 6201 110018 DATE . economic development administration. economic development assistance for economic growth addition to otherwise available, there is appropriated for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 4,000,000,000 MONEY , to remain available september 30, 2027 DATE , to the secretary of commerce grants under section 209 LAW of the public works and development act of 1965 DATE ( 42 u.s.c QUANTITY . 3149) to regional economic growth clusters, subject to the that sections 204 CARDINAL and 301 CARDINAL of such act ( 42 3144 DATE and 3161) shall not apply to grants made amounts made available under this subsection. economic adjustment to amounts otherwise available, there is appropriated fiscal year 2022 DATE , out of any money in the treasury otherwise appropriated, $ 1,000,000,000 MONEY , to remain until september 30, 2027 DATE , to the secretary of for economic adjustment assistance as by section 209 LAW of the public works and economic act of 1965 DATE ( 42 u.s.c QUANTITY . 3149), of $ 500,000,000 MONEY shall be to provide assistance energy and industrial transition communities, coal, oil and gas, and nuclear transition and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01212 fmt 6652 CARDINAL sfmt 6201 $50,000,000 MONEY shall be to provide grants for predevelopment and capacity building including activities relating to the writing of applications (consistent with section 213 LAW of act ( 42 u.s.c QUANTITY . 3153)) and stipends to local organizations for planning participation, outreach and engagement activities, to the conditions sections 204 CARDINAL and 301 CARDINAL of such act ( 42 3144 DATE and 3161) shall not apply to made with amounts made available this paragraph; and not than 50 percent PERCENT of the made available under this paragraph be for activities that are carried out in communities. grants for public works and economic addition to amounts otherwise available, is appropriated for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to the secretary of commerce for public works as authorized by section 201 LAW of the public works economic development act of 1965 DATE ( 42 u.s.c QUANTITY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01213 fmt 6652 sfmt 6201 CARDINAL more than 3 percent PERCENT of amounts made available under this section shall be for the administrative costs of carrying out this 110019 DATE . recompete pilot program. economic development administration addition to amounts otherwise there is appropriated for fiscal year 2022 DATE , out of any the treasury ORG not otherwise appropriated, to remain available until september 30 DATE , to the department of commerce for economic ORG assistance as authorized by section 209 LAW of the works and economic development act of 1965 DATE ( 42 3149 DATE ) to establish a pilot program, to be known the pilot to provide grants to entities to carry out activities in eligible areas tribal lands for which a specified entity has or otherwise serves to support local labor markets, communities, and tribal governments to alleviate economic distress and labor market dislocation, that sections 204 CARDINAL and 301 CARDINAL of such act shall not to a grant provided under this section. grant shall have a term of 10 CARDINAL fiscal and be disbursed at such time and in such manner determined by the secretary of commerce in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01214 fmt 6652 sfmt 6201 with benchmarking requirements established by the use of the funds provided by this not less than $3,855,000,000 MONEY shall be used grants to be awarded to at least 15 CARDINAL specified representing eligible areas to carry out described in a recompete plan approved by the of commerce; not more than $25,000,000 MONEY may be used for and technical assistance grants to be to not more than 50 CARDINAL specified entities eligible areas to develop a recompete plan carry out predevelopment activities; and not more than 3 percent PERCENT shall be used for administrative costs of carrying out this section. eligible eligible area may not from more than 1 CARDINAL grant and 1 CARDINAL grant in subsection (c)(2). limitation on purposes the program under this section, a specified entity not receive a grant on behalf of more than 1 CARDINAL area. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01215 fmt 6652 CARDINAL sfmt 6201 CARDINAL maximum award determining the amount of a grant that a specified entity may awarded, the secretary shall use the product obtained the prime-age employment gap of the the prime-age population of the eligible area; and $ 70,585 MONEY for local labor markets; or $ 53,600 MONEY for local communities. this section: eligible term either of the following: a local labor market has a prime-age employment gap to not less than 2.5 percent PERCENT ; and meets additional criteria as the may establish. a local community has a prime-age employment gap to not less than 5 percent PERCENT ; is not located within an eligible labor market that meets the criteria in subparagraph (a); and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01216 fmt 6652 CARDINAL sfmt 6201 has a median annual DATE household of not more than $75,000 MONEY . local labor term means any of the following areas that 1 CARDINAL or more specified entities described in (a) through (d) of paragraph ( 5 DATE ): a commuting zone, as defined by the research service of the department agriculture, excluding all core-based areas within the commuting zone described subparagraph (b). subject to subparagraph (c), if 1 CARDINAL or discrete metropolitan statistical areas or statistical areas, as defined by the of management and budget (collectively to as statistical within a commuting zone described in (a), each such core-based area. if the remaining area of a commuting described in subparagraph (a), excluding core-based statistical areas within the zone described in subparagraph (b), 1 CARDINAL or fewer counties and has a of 7,500 CARDINAL or fewer residents, that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01217 fmt 6652 sfmt 6201 CARDINAL area combined with an adjacent core-based area within the commuting zone. the tribal land with a tribal prime- population represented by a tribal local term means the area served by a specified entity in subparagraphs (a) through (c) of (5) is located within a local labor or partial local labor market that is not or is not coexistent with, or encompassing entirety of, a local labor market; and meets such additional criteria, a minimum population requirement, as the may establish. prime-age employment in term means the difference as a percentage) the national 5-year DATE average prime- employment rate; and the 5-year DATE average prime-age rate of the eligible area. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01218 fmt 6652 CARDINAL sfmt 6201 the purposes of (a), an individual is prime-age if individual between the ages of 25 years 54 years DATE . recompete term means a comprehensive 10-year DATE economic plan proposed programs and activities be carried out with a grant awarded this section to address the economic of the eligible area in a manner promotes long-term, sustained growth and reduction in the prime- employment gap of the eligible area; projected costs and annual DATE and proposed disbursement and other information as the determines appropriate; is developed by a specified entity that the recipient of a planning and technical grant described in subsection (c)(2); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01219 fmt 6652 sfmt 6201 is submitted to the secretary for for a specified entity to be considered for grant under this section. specified term a unit of local government; the district of columbia; a territory or possession of the united a tribal government; a state-authorized political subdivision other entity, including a special-purpose engaged in economic development activities; a public entity or nonprofit acting in cooperation with the officials of political subdivision or entity described in (e); an economic development district (as in section 3 LAW of the public works and development act of 1965 DATE ( 42 u.s.c QUANTITY . and a consortium of any of the specified described in this paragraph which serve are contained within the same eligible area. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01220 fmt 6652 CARDINAL sfmt 6201 CARDINAL tribal term means the recognized governing body any indian NORP or alaska GPE native tribe, band, nation, village, community, component band, or reservation, individually identified (including in the list published by the bureau indian NORP affairs on january 29, 2021 DATE , pursuant to 104 CARDINAL of the federally recognized indian NORP list act of 1994 DATE ( 25 u.s.c QUANTITY . 5131). tribal term any any land located within the boundaries an indian NORP reservation, pueblo, or rancheria; any land not located within the of an indian NORP reservation, pueblo, or the title to which is in trust by the united states GPE for benefit of an indian NORP tribe or an indian NORP ; by an indian NORP tribe or an indian NORP , subject to restriction against under laws of the united states GPE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01221 fmt 6652 CARDINAL sfmt 6201 by a dependent indian NORP tribal prime-age in shall be equal to the sum by the product obtained by the total number of ages 25 DATE through 54 DATE residing on tribal land of the tribal and 0.65 CARDINAL ; and the product obtained by the total number of ages 25 DATE through 54 included on membership roll of the tribal and 0.35 CARDINAL . use of calculation under (a) shall be determined based on provided by the applicable tribal to the department of the treasury under coronavirus state and local fiscal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01222 fmt 6652 sfmt 6201 CARDINAL fund programs under title vi of the social act ( 42 u.s.c QUANTITY . 801 CARDINAL et seq.). 110020 DATE . assistance for federal buildings. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any funds in the not otherwise appropriated, $ 1,000,000,000 MONEY , to available until september 30, 2031 DATE , to be in the federal buildings fund established under 592 of title 40 CARDINAL , united states code, for measures to convert facilities of the administrator of general to high-performance green buildings (as defined section 401 LAW of the energy independence and security of 2007 DATE ( 42 u.s.c QUANTITY . 17061)). 110021 DATE . technology innovation and climate in maritime sector. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 100,000,000 MONEY , remain available until september 30, 2027 DATE , to the administration, for the maritime environmental and assistance program under section 50307 LAW of title united states code, to reduce carbon emissions, vessel noise pollution, and improve the climate of the marine shipping and the maritime industry. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01223 fmt 6652 CARDINAL sfmt 6201 110022 DATE . climate resilient coast guard addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 1,000,000,000 MONEY , remain available until september 30, 2031 DATE , to the under the heading guard procurement, and for the acquisition, design, construction of new, or replacement of existing, resilient facilities, including personnel readiness such as family support services facilities, that are by or have been impacted by climate change, authorized under sections 504(e) and 1101(b)(1 CARDINAL ) of 14 CARDINAL , united states code. the coast guard shall to the treasury ORG any funds appropriated under this that have not been expended by september 30, 110023 DATE . great lakes icebreaker acquisition. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of funds in the not otherwise appropriated, $ 350,000,000 MONEY , to available until september DATE , 30, 2031 DATE , to the coast for acquisition, design, and construction of a great heavy icebreaker, as authorized under section 8107 LAW the william m. PERSON ( mac ORG ) thornberry national defense act for ORG fiscal year 2021 DATE (public law 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01224 fmt 6652 CARDINAL sfmt 6201 the coast guard shall return to the treasury ORG any appropriated under this section that have not been by september 30, 2031 DATE . 110024 DATE . polar security cutters and climate addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 788,000,000 MONEY , remain available until september 30, 2031 DATE , to the coast for the acquisition of the fourth ORDINAL heavy polar cutter, including scientific laboratory and berthing to expand access for scientists to the polar regions, improve climate and weather research, for other polar and for other purposes, as authorized under 561 of title 14 CARDINAL , united states code. 110025 DATE . small shipyard grants. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 300,000,000 MONEY , remain available until september 30, 2027 DATE , to the administration for the purposes of making grants the assistance for small shipyards program, as by section 54101 LAW of title 46 CARDINAL , united states code, improve the climate resiliency and environmental of the maritime industry and maritime 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01225 fmt 6652 CARDINAL sfmt 6201 system, including workforce training and acquisition projects that improve the efficiency of operations, vessel construction and vessel repair. deadlines established in paragraphs ( 2 CARDINAL ) and ( 3 CARDINAL ) of (b) and paragraph ( 1 CARDINAL ) of subsection (f) of 54101 CARDINAL of such title shall not apply to amounts made in this section, and the secretary of may carry out multiple rounds of competition. 110026 DATE . port infrastructure and supply chain addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated, $ 2,500,000,000 MONEY , remain available until september 30, 2027 DATE , to the administration for the purposes of making grants for to support supply chain resilience, reduction in congestion, the development of offshore wind support and environmental remediation, projects to the impact of ports on the environment, and for purposes. such grants shall be administered in with the requirements applicable to grants under 50302 DATE of title 46 CARDINAL , united states code. the established in paragraph ( 5 CARDINAL ) of subsection (c) of 50302 DATE of such title shall not apply to amounts made in this section, and the secretary of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01226 fmt 6652 sfmt 6201 may carry out multiple rounds of competition. the administration shall return to the treasury ORG any appropriated under this section that have not been by september 30, 2031 DATE . 110027 DATE . grants for rural, small, tribal, and disadvantaged technical assistance and rider programs and workforce addition to amounts available, there is appropriated to the environmental agency for fiscal year 2022 DATE , out of any money treasury to remain available until expended, for the of the environmental protection to provide technical assistance to rural, tribal, and economically disadvantaged for the purposes identified in subsection of section 104 LAW of the federal water pollution act ( 33 u.s.c QUANTITY . 1254 DATE ); and for grants for manpower development and and retraining of workforce employees of owned treatment works in accordance with (g) of such section. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01227 fmt 6652 CARDINAL sfmt 6201 CARDINAL determination of economic determining whether a municipality is disadvantaged for the purposes of this section, the shall, to the maximum extent practicable, into the criteria under paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ) of 301(a) of the public works and economic act of 1965 DATE ( 42 u.s.c QUANTITY . 3161); and any affordability criteria established by the in which the municipality is located pursuant section 603(i)(2) or 221(c) of the federal water control act u.s.c. 1383(i)(2 CARDINAL ); 110028 DATE . alternative water source project addition to amounts available, there is appropriated to the environmental agency for fiscal year 2022 DATE , out of any money treasury to remain available until expended, for out section 220 CARDINAL of the federal water pollution act ( 33 u.s.c QUANTITY . 1300 DATE ), in accordance with subsection which funds may be used to make grants under such on the condition 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01228 fmt 6652 sfmt 6201 a project carried out using such funds shall, the maximum extent practicable, maximize the minimization, or mitigation of climate impacts on, and of, any constructed part of project (including through the implementation of to recover and reuse energy produced in treatment of wastewater); and all of the iron and steel used in the project produced in the united states GPE in accordance section 608 LAW of such act ( 33 u.s.c QUANTITY . 1388). purposes of subsection the limitation in section 220(d)(1) of the water pollution control act (as in effect on 1, 2021 DATE ), as it applies to the receipt of or design funds, shall not apply with to eligibility for a grant under this section; and the requirements of sections 220(d)(2 CARDINAL ) and of such act (as in effect on september 1, 2021 DATE ) not apply to the making of a grant under this 110029 DATE . sewer overflow and stormwater reuse grants. general addition to amounts available, there is appropriated to the protection agency for fiscal year 2022 DATE , out of any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01229 fmt 6652 CARDINAL sfmt 6201 the treasury ORG not otherwise appropriated, to remain available until expended, for out section 221 CARDINAL of the federal water pollution act ( 33 u.s.c QUANTITY . 1301 DATE ), which funds may be used make grants under such section on the condition that activity carried out using such funds shall, to the extent practicable, maximize the avoidance, or mitigation of climate change impacts on, and any constructed part of the activity (including through implementation of technologies to recover and reuse produced in the treatment of wastewater). financially distressed addition to amounts available, there is appropriated to the protection agency for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available expended, for carrying out section 221 CARDINAL of the water pollution control act ( 33 u.s.c QUANTITY . which funds may be used to make grants such section to financially distressed (as defined in such section), including rural distressed communities, on the condition any activity carried out using such funds shall, the maximum extent practicable, maximize the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01230 fmt 6652 CARDINAL sfmt 6201 CARDINAL minimization, or mitigation of climate impacts on, and of, any constructed part of activity (including through the implementation technologies to recover and reuse energy produced the treatment of wastewater). carrying out paragraph the administrator of the environmental agency may not require a financially distressed receiving a grant pursuant to this to provide, as a condition of eligibility to such grant, a share of the cost of the activity which the grant was made. 110030 CARDINAL . individual household decentralized treatment system grants. addition to amounts available, there is appropriated to the environmental agency for fiscal year 2022 DATE , out of any money treasury to remain available until expended, to make in accordance with subsection (b), to states, and nonprofit entities under the federal pollution control act for the construction, repair, replacement of household decentralized treatment systems of eligible individuals (as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01231 fmt 6652 sfmt 6201 term is defined in section 603(j) of the federal pollution control act ( 33 u.s.c QUANTITY . 1383(j)). carrying out subsection (a), the of the environmental protection agency prioritize the issuance of grants to assist eligible (as such term is defined in section 603(j) of the water pollution control act ( 33 u.s.c QUANTITY . 1383(j)) in households that are not connected to a system technology designed to treat domestic sewage, including individuals using household cesspools. 110031 DATE . tribal clean water grants. addition to amounts available, there is appropriated to the environmental agency for fiscal year 2022 DATE , out of any money treasury to remain available until expended, to make in accordance with subsection (b), to indian NORP tribes other entities described in section 518(c)(3) of the water pollution control act ( 33 u.s.c QUANTITY . projects and activities eligible for under section 603(c) of such act ( 33 1383 DATE ); and training, technical assistance, and programs related to the operation and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01232 fmt 6652 sfmt 6201 CARDINAL of treatment works eligible for pursuant to such section 603(c); and subject to the condition any project or activity carried out such funds shall, to the maximum extent maximize the avoidance, or mitigation of climate change impacts and of, any constructed part of the project activity (including through the of technologies to recover and reuse energy in the treatment of wastewater); and all of the iron and steel used in any carried out using such funds are in the united states GPE in accordance with 608 CARDINAL of such act ( 33 u.s.c QUANTITY . 1388). carrying out subsection (a), the of the environmental protection agency not require an indian NORP tribe or other entity receiving grant under this section to provide, as a condition of to receive such grant, a share of the cost of the or activity for which the grant was made. 110032 DATE . wastewater infrastructure assistance colonias. addition to amounts otherwise available, there is to the environmental protection agency for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01233 fmt 6652 CARDINAL sfmt 6201 year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 125,000,000 MONEY , to remain available expended, for the administrator of the protection agency for carrying out section 307 LAW of safe drinking water act amendments of 1996 DATE ( 33 1281 DATE note; 110 CARDINAL stat. 1688 DATE ), which funds may be to award grants under such section to a border state municipality with jurisdiction over an eligible (as such terms are defined in such section), on the a project carried out using such funds shall, the maximum extent practicable, maximize the minimization, or mitigation of climate impacts on, and of, any constructed part of project (including through the implementation of to recover and reuse energy produced in treatment of wastewater); all of the iron and steel used in the project produced in the united states GPE in accordance section 608 LAW of the federal water pollution act ( 33 u.s.c QUANTITY . 1388 DATE ); and an eligible community receiving assistance such project pursuant to this section shall not be to provide a share of the costs of carrying the project. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01234 fmt 6652 CARDINAL sfmt 6201 110033 DATE . clean water needs survey. addition to amounts otherwise available, there is to the environmental protection agency for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 5,000,000 MONEY , to remain available expended, for grants to states and municipalities to out a detailed estimate of the cost of construction all needed publicly owned treatment works pursuant to 516(b)(1)(b) of the federal water pollution act ( 33 u.s.c QUANTITY . 1375(b)(1)(b)). 110034 CARDINAL . prohibition on use of funds. comptroller general of the united states GPE shall a report to congress ORG accounting for any equipment by the united states coast guard GPE or the army of engineers to any prior regime in afghanistan GPE that has been left behind in afghanistan GPE . 110035 CARDINAL . policy of the united states GPE on child is the policy of the united states GPE that funds made by this title should not be used to purchase produced whole or in part through the use of child as such term is defined in article 3 LAW of the labor organization convention concerning the and immediate action for the elimination of the forms of child labor ( december 2, 2000 DATE ), or in of human rights. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01235 fmt 6652 CARDINAL sfmt 6201 on affairs 12001 DATE . department of veterans affairs improvements. addition to amounts otherwise available, there is for fiscal year 2022 DATE , out of any money in to remain available until september 30 DATE , for facilities under the jurisdiction of, or for the use the department of veterans affairs to carry out 2400 CARDINAL , 2403 DATE , 2404 DATE , 2406 DATE , 2407 DATE , 2412 DATE , 8101 DATE through 8122 DATE , and 8161 DATE through 8169 DATE of title 38 CARDINAL , united code, taking into consideration the integration of resiliency into infrastructure as well as the needs underserved areas and underserved veteran populations. 12002 DATE . modifications to enhanced-use lease of department of veterans modifications to ( 2 CARDINAL ) section 8162(a) of title 38 CARDINAL , united states code, is to read as follows: the secretary may enter into an enhanced- lease on or after the date of the enactment of this only if the secretary 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01236 fmt 6652 CARDINAL sfmt 6201 that the lease will not be inconsistent with, will not adversely the mission of the department; or the operation of facilities, programs, services of the department in the local and veterans; or housing. the lease will enhance the use of the property by directly or indirectly the leased property will provide the secretary shall give priority to enhanced- leases that, on the leased provide supportive housing for veterans; provide direct services or benefits targeted veterans; or provide services or benefits that indirectly addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 455,000,000 MONEY for the department of veterans to remain available until expended, to enter into 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01237 fmt 6652 CARDINAL sfmt 6201 leases pursuant to section 8162 CARDINAL of title 38 CARDINAL , states code, as amended by this section. modification of 8169 CARDINAL of title is amended by striking 31 CARDINAL , inserting 30, 12003 DATE . major medical facility leases of the of veterans affairs. authority to enter into major medical ( 2 CARDINAL ) of subsection (a) of 8104 DATE of title 38 CARDINAL , united states code, is by striking and inserting by striking any major medical facility by striking and by adding at the end the following new funds may be appropriated for a fiscal year DATE , the secretary may obligate and expend funds, for advance planning and design, for any major facility modification of definition of major facility (b) of paragraph of such subsection is amended to read as follows: the term medical facility 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01238 fmt 6652 CARDINAL sfmt 6201 means a lease for space for use as a medical facility approved through the services administration under section of title 40 CARDINAL at an average annual rent to or greater than the dollar threshold in such section, which shall be subject annual DATE adjustment in accordance with 3307(h) of such title; and does not include a lease for space for as a shared federal medical facility for the estimated share of the costs does not exceed such dollar interim leasing section is amended by adding at the end the following new the secretary may carry out interim leasing as the secretary considers necessary for major facility leases (as defined in subsection (a)(3)(b)). in this subsection, the term leasing has the meaning given that term by the of the general services amendments made by this shall apply with respect to a lease that has not specifically authorized by law on or before the date 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01239 fmt 6652 sfmt 6201 the enactment of this act and is included as part of annual DATE budget submission of the president for fiscal 2022 DATE , 2023 DATE , or 2024 DATE . purchase secretary of veterans may obligate and expend funds to exercise a option included in any major medical facility lease in subsection (d). addition to amounts available, there is appropriated for fiscal year 2022 DATE , of any money in the treasury ORG not otherwise $ 1,805,000,000 MONEY , to remain available until for major medical facility leases pursuant to i of chapter 81 LAW of title 38 CARDINAL , united states code, amended by this section, as requested in the annual DATE submission of the president for fiscal year 2022 DATE , or 2024 DATE . termination and in upon the date of of the final lease award for leases in subsection (d), subsections (a) through (e) this section and the amendments made by those are repealed and any provision of law by those subsections is restored as if those had not been enacted into law. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01240 fmt 6652 CARDINAL sfmt 6201 DATE secretary of veterans shall submit to congress ORG and the law counsel of the house of representatives written of the date specified in paragraph ( 1 CARDINAL ) later than 30 days DATE before such date. 12004 DATE . increase in number of health residency positions at of veterans affairs medical carrying out section 7302(a)(1 LAW ) title 38 CARDINAL , united states code, during the seven-year DATE beginning on the day DATE that is one year DATE after the date the enactment of this act, the secretary of veterans shall increase the number of health professions positions at medical facilities of the department veterans affairs by not more than 700 CARDINAL positions (which be allocated among occupations included in the most determination published in the federal register to section 7412(a) of such title, or allocated to a prioritization by the secretary of occupations primary care, mental health care, and any other health occupation the secretary determines through the establishment of such new positions 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01241 fmt 6652 CARDINAL sfmt 6201 CARDINAL medical facilities where the secretary such positions pursuant to section 301(b)(2) the veterans access, choice, and accountability of 2014 DATE (public law 38 CARDINAL u.s.c. 7302 or any medical the director of which expresses an in establishing or expanding a health residency program at the medical or that is located in a community that a high concentration of veterans or is a shortage of health care professionals. addition to amounts available, there is appropriated to the department veterans affairs for fiscal year 2022 DATE , out of any money treasury to remain available until september 30 DATE , for the purpose of carrying out this section. 12005. veteran records scanning. addition to amounts otherwise available, there is to the veterans benefits administration for year 2022 DATE , out of any money in the treasury ORG not appropriated, $ 150,000,000 MONEY , to remain available september 30, 2023 DATE , for costs of record scanning 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01242 fmt 6652 sfmt 6201 claims processing, to carry out sections 7701 DATE and of title 38 CARDINAL , united states code. 12006 DATE . funding for department of veterans office of inspector general. addition to amounts otherwise available, there is to the office of inspector general of the of veterans affairs for fiscal year 2022 DATE , out of money in the treasury not otherwise appropriated, to remain available until september 30 DATE , for audits, investigations, and other oversight of and activities carried out with funds made to the department of veterans affairs. on and means paid family medical leave 130001 DATE . paid family and medical leave. social security act ( 42 u.s.c QUANTITY . 301 et seq.) is by adding at the end the following: family and leave benefits 2201 DATE . table of contents. table of contents for this title is as follows: 2201 CARDINAL . table of contents. 2202 DATE . paid family and medical leave benefit eligibility. 2203 DATE . benefit amount. 2204 CARDINAL . benefit determination and payment. 2205 DATE . appeals. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01243 fmt 6652 CARDINAL sfmt 6211 2206 DATE . stewardship. 2207. funding for benefit payments, grants, and program 2208 DATE . funding for outreach, public education, and research. 2209 DATE . funding for state administration option for legacy states. 2210 DATE . reimbursement option for employer-sponsored paid leave benefits. 2211. funding for small business assistance. 2212. definitions. 2202 DATE . paid family and medical leave benefit individual has filed an application for a paid family medical leave benefit in accordance with section has, or anticipates having, at least 4 hours TIME in a week ending DATE at any time the period that begins 90 days DATE before the date which such application is filed or not later than days DATE after such date; and has wages or self-employment income at time during the beginning with the most recent quarter that ends at least 4 months DATE prior the beginning of the benefit specified in subsection (b); and ending with the month DATE before the in which such benefit period begins, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01244 CARDINAL fmt 6652 sfmt 6201 be entitled to such a benefit for each month DATE during benefit period, except as otherwise provided in this benefit in as provided in ( 2 CARDINAL ), the benefit period specified in this is the period beginning with the month DATE in ends the 1st week DATE in which the individual has least 4 CARDINAL caregiving hours and otherwise meets the specified in paragraphs ( 1 CARDINAL ), ( 2 CARDINAL ), and ( 3 CARDINAL ) of (a) and ending with the month DATE in which the 52nd week DATE ending during such period. retroactive the case of application for benefits under this section with to an who has at 4 hours TIME in a week at any time during the that begins 90 days DATE before the date on which application is filed, the benefit period specified this subsection is the period beginning with the the month DATE in which ends the 1st week DATE which the individual has at least 4 CARDINAL caregiving or 90-day DATE period, the 1st month DATE that begins during 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01245 fmt 6652 sfmt 6201 ending with the month DATE in which ends the 52nd ORDINAL ending during such period. ( 1 CARDINAL ) and ( 2 CARDINAL ), no benefit period under this title begin with any month DATE beginning prior to july DATE caregiving caregiving hour of this title, the term means 1-hour TIME period during which the individual engaged qualified caregiving (determined on the basis of filed with the secretary pursuant to (c) of section 2204 LAW ). qualified in purposes of this any activity engaged in by an individual lieu of work, other than for monetary for any reason described in ( 1 CARDINAL ) or ( 3 CARDINAL ) of section 102(a) of the family medical leave act of 1993 DATE (29 u.s.c. except that for purposes of this such section shall be by treating such individual as the referred to in such paragraph; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01246 fmt 6652 sfmt 6201 DATE as paragraph ( 1)(c CARDINAL ) were to read as follows: in order to care for a qualified member of the employee, if such family member has a serious health for purposes of clause (i), the term family means, with respect an a spouse (including a domestic in a civil union or other registered partnership recognized by a and a parent; a child and a spouse; a parent and a a sibling and a a grandparent, a grandchild, or spouse of a grandparent or grandchild; any other individual who is by blood or affinity and whose with the employee is equivalent of family relationship (as determined under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01247 fmt 6652 CARDINAL sfmt 6201 issued by the secretary of the and by treating the criterion in (1)(d) that an individual is perform the functions of the position of because of a serious health as a criterion that the individual unable to satisfy the requirements to continue receiving the wages or self- income described in subsection with respect to the individual of such serious health condition; as if paragraph ( 1)(e CARDINAL ) were to read as follows: because of any qualifying exigency the secretary shall, by regulation, arising out of the fact that a qualified member of the employee (as defined in (c)(ii)) is on covered active duty has been notified of an impending call or to covered active duty) in the armed and as if paragraph ( 1 CARDINAL ) were by adding at the end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01248 fmt 6652 sfmt 6201 because of the death of a spouse, or child of the as if paragraph ( 3 CARDINAL ) were by striking spouse, son, daughter, or next of and inserting family member of the employee defined in subparagraph no monetary compensation purposes of subparagraph (a), activity shall be considered to be engaged in an individual for monetary compensation if individual received any form of wage from an employer, including paid paid sick leave, and any other form of paid time off (but not including any form of accrued paid time off or any non- paid family and medical leave benefits by an employer to the extent that the of such accrued or non-accrued paid leave any paid family and medical leave benefits section 2202 does not exceed 100 percent PERCENT the regular rate of pay (as under section 7(e LAW ) of the fair labor act of 1938 DATE )), for the time during the individual was so engaged. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01249 fmt 6652 CARDINAL sfmt 6201 treatment of individuals for employer sponsored paid family medical leave purposes subparagraph (a), an activity engaged in by individual shall not be considered to be in in lieu of work if, for the time during the individual was so engaged, the would be eligible for paid family and leave benefits under a program by an employer who receives a grant with to such program under section 2210 LAW . treatment of individuals in legacy purposes of (a), an activity engaged in by an shall not be considered to be engaged in lieu of work if the time during which the was so engaged constitutes leave employment for which the be eligible to receive paid family or leave benefits under the law of a legacy (as defined in section 2209(b)). treatment of bereavement the of an activity engaged in by an individual in lieu of for a reason described in paragraph (1)(g) of section of the family and medical leave act of 1993 DATE (as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01250 fmt 6652 CARDINAL sfmt 6201 CARDINAL section is applied for purposes of paragraph ( 2 CARDINAL ) of (c)), the total number of caregiving hours TIME to such activity, for each death described in paragraph (1)(g), that may be credited under section to weeks DATE during the benefit period not exceed of the number of hours TIME in the regular workweek DATE (within the meaning of section no caregiving hours TIME in week caregiving hours TIME of an individual may be under section 2203(c) to the week DATE during which individual dies. disqualification following certain individual who has been found to have false statements or representation to secure benefits this title shall be ineligible for benefits under this for a 5-year DATE period following the date of such finding. 2203 DATE . benefit amount. in amount of the benefit to an individual is entitled under section 2202 for a shall be an amount equal to the sum of the weekly DATE amounts for each week DATE ending during such month DATE . weekly DATE benefit amount of an individual for a week DATE be equal to the product of the weekly 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01251 fmt 6652 CARDINAL sfmt 6201 CARDINAL rate (as determined under subsection (b)) by a the numerator of which is the number of hours TIME of the individual credited to such (as determined in subsection (c)); and the denominator of which is the number of in a regular workweek DATE of the individual (as in subsection (d)). weekly DATE benefit in purposes of this an weekly DATE benefit rate shall be an equal to the sum 85 percent PERCENT of the average earnings to the extent that such do not exceed the amount established for of this subparagraph by paragraph 75 percent PERCENT of the average earnings to the extent that such exceed the amount established for purposes subparagraph (a) but do not exceed the established for purposes of this by paragraph ( 2 CARDINAL ); 55 percent PERCENT of the average earnings to the extent that such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01252 fmt 6652 sfmt 6201 CARDINAL exceed the amount established for purposes subparagraph (b) but do not exceed the established for purposes of this by paragraph ( 2 CARDINAL ); 25 percent PERCENT of the average earnings to the extent that such exceed the amount established for purposes subparagraph (c) but do not exceed the established for purposes of this by paragraph ( 2 CARDINAL ); and 5 percent PERCENT of the average earnings to the extent that such exceed the amount established for purposes subparagraph (d) but do not exceed the established for purposes of this by paragraph ( 2 CARDINAL ). amounts initial individuals benefit period under this title begins in before calendar year 2024 DATE , the amount for purposes of subparagraphs (a), (c), (d), and (e) of paragraph ( 1 CARDINAL ) shall $ 15,080 MONEY , $ 34,248 MONEY , $ 72,000 MONEY , and $ 250,000 MONEY , respectively. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01253 fmt 6652 CARDINAL sfmt 6201 DATE wage individuals benefit period under this title begins in calendar year after 2024 DATE , each of the so established shall equal the amount established for the calendar preceding such calendar year, or, if larger, product of the corresponding amount with respect to the calendar year 2024 DATE the quotient obtained by the national average wage index defined in section 2212 DATE ) for the second year DATE preceding such calendar by the national average wage index so defined) for 2022 DATE . amount under subparagraph (b) for any calendar shall be rounded to the nearest $ 1 MONEY , except any amount so established which is a of $ 0.50 MONEY but not of $ 1 MONEY shall be rounded to next higher $ 1 MONEY . average weekly DATE of this subsection, an average earnings, as calculated by the secretary, shall equal to the quotient obtained by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01254 fmt 6652 sfmt 6201 the total of the wages and income received by the individual the most recent 8-calendar quarter period ends at least 4 months DATE prior to the of the benefit period; by 104 CARDINAL . evidence of purposes determining the wages and self-employment of an individual with respect to an application benefits under section 2202 LAW , the secretary shall such determination on the basis of wage data to the secretary from the national of new hires pursuant to section 453(j)(5 CARDINAL ) and income data provided by the except that the secretary shall also consider more recent or additional evidence of wages or income the individual chooses to submit. crediting of caregiving hours to a number of caregiving hours TIME of an individual to a week DATE as determined under this subsection equal the number of caregiving hours TIME of the occurring during such week DATE , except 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01255 fmt 6652 CARDINAL sfmt 6201 CARDINAL such number may not exceed the number hours TIME in a regular workweek DATE of the individual (as in subsection (d)); no caregiving hours TIME may be credited to a in which fewer than 4 CARDINAL caregiving hours TIME of the occur; no caregiving hours TIME of the individual may credited to the waiting period, of the first week DATE during an period in which at least 4 CARDINAL caregiving hours occur of whether the individual received paid paid sick leave, or any other form of paid time off from the employer such week accordance with section and the total number of caregiving hours to weeks during the benefit period not exceed the product of 12 CARDINAL multiplied by the of hours TIME in a regular workweek of the (as so determined). number of hours TIME in a regular purposes of this section, the number of hours TIME a regular workweek of an individual shall be the number hours that the individual regularly works in a week DATE for employers (or regularly worked in the case of an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01256 fmt 6652 sfmt 6201 no longer employed), as determined under guidance be issued by the secretary. 2204 CARDINAL . benefit determination and payment. in individual seeking benefits section 2202 CARDINAL shall file an application with the containing the information described in subsection and such other information as the secretary may any information contained in an application for under section 2202 LAW , or in a periodic benefit claim filed with respect to such benefits, shall be to be true and accurate, unless the secretary by a preponderance of the evidence that contained in the application or periodic benefit claim is false, except that the secretary shall establish to validate the identity of the individual filing application. required contents of initial application for a paid family and medical leave filed by an individual shall an attestation that the individual has, or having, at least 4 CARDINAL caregiving hours in a ending at any time during the period that 90 days DATE before the date on which such is filed or not later than 180 days DATE after such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01257 fmt 6652 sfmt 6201 except as otherwise provided in this a certification, issued by a relevant authority under regulations issued by the that contains such information as the shall specify in such regulations as necessary affirm the circumstances giving rise to the need such caregiving hours, which shall be no more the information that is required to be stated section 103(b) of the family and medical act of 1993 DATE ( 29 u.s.c QUANTITY . 2613(b)); an attestation from the individual that of the need to be absent from work such caregiving hours has been provided, not than 7 days DATE after such need arises, to the employer (except in cases of hardship or extenuating circumstances or if the individual not have (or no longer has) an employer); pay stubs or such other evidence as the may provide demonstrating the or self-employment income during the period in section 2202(a)(3 LAW ), except that the may waive this requirement in any case in such evidence is otherwise available to the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01258 fmt 6652 CARDINAL sfmt 6201 an attestation from the individual stating number of hours TIME in a regular workweek DATE of the (within the meaning of section 2203(d)); an attestation from the individual stating the leave from employment with respect to the individual is filing such application is not for which the individual has a notice from a state pursuant to (b)(2)(b) of section 2209 LAW stating such employment would be eligible for paid and medical leave benefits under a state program described in such section; or a notice from the pursuant to subsection ( b)(1)(f)(iv ORG ) of 2210 DATE stating that such employment be eligible for paid family and medical benefits under an employer-sponsored described in such section. the case of an individual who applies for a paid family medical leave benefit in the anticipation of caregiving occurring after the date of application, the described in paragraph ( 2 CARDINAL ), the attestation in paragraph ( 3 CARDINAL ), and the evidence described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01259 fmt 6652 sfmt 6201 DATE ( 4 CARDINAL ) may be provided after the 1st week DATE in which least 4 CARDINAL such caregiving hours occur. periodic benefit claim in as provided in ( 2 CARDINAL ), not later than 60 days DATE (or such longer as may be provided in any case in which the determines that good cause exists for an after the end of each month DATE during the period of an individual entitled to benefits section 2202 DATE , the individual shall file a benefit claim report with the secretary. such benefit claim report shall specify the hours TIME of the individual that occurred each week that ended in such month DATE and shall such other information as the secretary may no periodic benefit claim report shall be with respect to any week DATE in which fewer than caregiving hours TIME occurred. retroactive the case an application filed by an individual for a paid and medical leave benefit with a benefit begins, accordance with section with a month DATE that ends before the date which such application is filed, the individual may with such application the information 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01260 fmt 6652 sfmt 6201 in the second ORDINAL sentence of paragraph ( 1 CARDINAL ) with to each week in the benefit period that ends such date. determinations and notice initial in secretary shall the initial eligibility of an individual for benefits under this title in with section 2202. ensure payment of in the correct amount and that are aware of the right to appeal a determination of the not later than 15 days after each for benefits from an individual this title is filed, the secretary shall notice to the individual the initial determination of for such benefits; the calendar quarter DATE begins the period described in 2202(a)(3 CARDINAL ) with respect to the the 8 calendar quarters to compute the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01261 fmt 6652 CARDINAL sfmt 6201 CARDINAL weekly DATE earnings under section and the wages and self- income received by the during each of those 8 CARDINAL as recorded by the secretary; the right under 2203(b)(4) to submit more or additional evidence of such or self-employment income, a statement that eligibility change or benefits could if such additional evidence in more recent or higher average earnings; the estimated weekly DATE amount for a week DATE to which 4 hours TIME of the individual are the estimated weekly DATE amount for a week DATE to which a of caregiving hours are equal to the number of hours TIME in regular workweek of the individual 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01262 fmt 6652 sfmt 6201 the number of caregiving credited to weeks DATE ending prior the date of such application; the beginning and ending of the benefit and the right to such initial determination in with the provisions of 2205 DATE ; and in any case in which an submits additional information with to such an application, the shall provide an updated notice to individual containing the same provided in the notice described in (i), including a specific indication of such information that has been as a result of the additional submitted by the individual. monthly DATE benefit in the basis of the filed with the secretary pursuant to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01263 fmt 6652 sfmt 6201 (c), the secretary shall determine, respect to an individual for each week in a month DATE , the number of caregiving hours TIME be credited to such week DATE in accordance with 2203(c). ensure payment of in the correct amount and that are aware of the right to appeal a determination of the secretary, not later 15 days DATE after each periodic benefit claim from an individual is filed (or after filing initial application for retroactive benefits), secretary shall provide notice to the whether payment will be made to individual for each week DATE to which such benefit claim report pertains and amount of such payment; if the secretary determines that will not be made for a week DATE or payment will be made based on a of caregiving hours TIME credited to the with the number of hours TIME specified for such week DATE in periodic benefit claim report (or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01264 fmt 6652 sfmt 6201 application), the reasons for such and the right to appeal determination in accordance with the of section 2205. changing shall issue regulations to establish a process which an individual may notify the secretary more than one CARDINAL type of circumstance gives rise to need for caregiving hours TIME during the period. such caregiving hours TIME shall be to weeks DATE within the benefit period in accordance section 2203(c) regardless of circumstance. accessibility of shall take such actions as are necessary to that any notice to one CARDINAL or more individuals pursuant to this title by the secretary is in simple and clear language. certification of later than days DATE after the making of a determination under ( d)(2)(a PERSON ) with respect to the number of caregiving of an individual to be credited to weeks ending in month DATE , the secretary shall certify payment to such of the amount of the paid family and medical leave for such month DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01265 fmt 6652 sfmt 6201 expedited benefit payment in cases of secretary shall establish and into effect procedures under which expedited payment benefits under this title will be made to an individual whom a benefit payment was due for a month DATE but was received by the individual. submission of required mail, or electronic ensure full access to benefits by all individuals, applicable paid leave information respect to an individual may be submitted to secretary by phone, mail, or electronic means. by any person may submit paid leave information with respect to an including, as applicable, the the employer, or any authority identified under subsection (b)(2). secretary shall promptly PERSON notify an individual any other person submits such information the behalf. notice of secretary shall prompt notice of receipt of all applicable leave information submitted with respect to an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01266 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL definition of applicable paid leave purposes of this subsection, the paid leave means, with to an individual, any information submitted the secretary with respect to the paid family and leave benefits of the individual, including initial application, periodic benefit claim report, and any other information submitted in of such application, report, or appeal. 2205 DATE . appeals. in individual shall have the to appeal to the secretary any made with respect paid family and medical leave benefits section 2202 DATE ; and paid family and medical leave under an employer-sponsored program in section 2210 LAW whose initial appeal to subsection (b)(1)(f)(iii)(i) of such results in a determination unfavorable the individual; and to appeal any final decision of the by a civil action brought in the district court the united states GPE for the judicial district in which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01267 fmt 6652 CARDINAL sfmt 6201 CARDINAL plaintiff resides, or in which the principal place business of the plaintiff sits, or, if the plaintiff not reside or such principal place of business not sit within any such judicial district, in the states district court for the district of secretary shall establish for appeals of such determinations that ensure appeals will be heard in a timely manner by a who is different from the initial decisionmaker procedures that are similar to the procedures used appeals of determinations under the medicare ORG subsidy program described under section 1860d- LAW authority to issue and enforce in the purpose of any investigation, or other proceeding or directed under this title, the secretary shall power to issue subpoenas requiring the and testimony of witnesses and the production any evidence that relates to any matter under or in question before the secretary. such of witnesses and production of evidence the designated place of such hearing, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01268 fmt 6652 CARDINAL sfmt 6201 DATE or other proceeding may be required from any in the united states GPE or in any territory or thereof. service; of the shall be served by anyone authorized by by delivering a copy thereof to the named therein; or by registered mail or by certified mail to such individual at his last dwelling or principal place of business. verified return by the individual serving the setting forth the manner of service, or, in the of service by registered mail or by certified the return post-office receipt therefor signed by individual so served, shall be proof of service. so subpoenaed shall be paid the same fees mileage as are paid witnesses in the district of the united states GPE . contumacy or refusal to obey a in case of contumacy or refusal to obey a subpoena duly served any person, any district court of the states for the judicial district in which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01269 fmt 6652 sfmt 6201 person charged with contumacy or refusal obey is found or resides or transacts upon application by the secretary, shall jurisdiction to issue an order requiring person to appear and give testimony, or to and produce evidence, or both. any to obey such order of the court may be by the court as contempt thereof. treatment of the of contumacy by, or refusal to obey a duly served upon, any employer, the shall impose such penalties against the as the secretary determines may pursuant to section 2210(f). 2206 CARDINAL . stewardship. promoting secretary shall a robust program to analyze and prevent disparities the basis of race, color, ethnicity, religion, sex, sexual gender identity, disability, age, national family composition, or living arrangements with to the benefits provided under this title and access to such benefits. underpayments and in the secretary that more or less than the correct amount 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01270 fmt 6652 sfmt 6201 payment has been made to any individual under title, the secretary shall promptly notify the of such determination and inform the of the right to appeal such determination in with the provisions of section 2205 LAW . adjustment or recovery shall be made, under prescribed by the secretary, as follows: respect to to an individual of less than the amount, the secretary shall promptly pay balance of the amount due to such individual. in respect to to an individual of more than the amount, the secretary shall any payment for a month DATE under this to which such overpaid individual is (except that the weekly DATE benefit for each week DATE ending during such as determined under may not be decreased below the specified in clause (ii) with respect such weekly DATE benefit amounts of the or shall require such overpaid 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01271 fmt 6652 sfmt 6201 to refund the amount in excess of correct amount, or shall apply any of the foregoing. limitation on amount specified in this clause with to a weekly DATE benefit amount of individual for a week DATE is an amount to the weekly DATE benefit amount would be determined for the for such week DATE under section if the weekly DATE rate (as determined under section were equal to the applicable amount as determined under (ii). purposes of subclause the applicable dollar amount with respect a benefit amount for a week ending DATE in a in or before calendar year $ 315 MONEY ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01272 fmt 6652 CARDINAL sfmt 6201 with respect a benefit amount for a week ending DATE in a in any calendar year DATE after the corresponding amount with respect to a benefit amount for a week ending DATE in a in the calendar year such calendar year DATE or, if the product of the amount specified in (aa) with respect to a benefit amount determined for week ending in a month DATE in year 2024 DATE multiplied by quotient obtained by the national wage index (as defined section 2212) for the calendar year preceding calendar year DATE , by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01273 fmt 6652 CARDINAL sfmt 6201 the national wage index (as so for 2022 DATE . waiver of certain case in which more than the correct amount of has been made, there shall be no of payments to, or recovery by the united from, any individual who was without fault in with the overpayment if such adjustment recovery would defeat the purpose of this title or be against equity and good conscience, or impede efficient or effective administration of title, as determined by the secretary under to be established by the secretary. liability of certifying or disbursing certifying or disbursing officer shall held liable for any amount certified or paid by to any individual where the adjustment or of such amount is waived under paragraph or where adjustment under paragraph ( 1 CARDINAL ) is not prior to the death of the whose benefits deductions are authorized. penalties and other in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01274 fmt 6652 sfmt 6201 CARDINAL knowingly and willfully makes or to be made any false statement or of a material fact in any application any benefit under this title, at any time knowingly and willfully or causes to be made any false statement representation of a material fact for use in rights to any such benefit, having knowledge of the occurrence of event affecting (a) his initial or continued to any such benefit, or (b) the initial or right to any such benefit of any other in whose behalf he has applied for or receiving such benefit, conceals or fails to such event with an intent fraudulently to such benefit either in a greater amount quantity than is due or when no such benefit authorized, having made application to receive such benefit for the use and benefit of and having received it, knowingly and converts such benefit or any part to a use other than for the use and benefit such other person, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01275 fmt 6652 CARDINAL sfmt 6201 conspires to commit any offense in any of subparagraphs (a) through be fined under title 18 CARDINAL , united states code, not more than 5 years DATE , or both. exclusion from in person or entity is convicted of a violation of paragraph ( 1 CARDINAL ) represent, or submit evidence on behalf of, individual applying for, or receiving, benefits this title. notice, effective date, and of this paragraph shall be effective at time, for such period, and upon such notice to the public and to the excluded as may be specified in consistent with clause (ii). effective an shall be effective with respect to furnished to any individual on or the effective date of the exclusion. in this paragraph may be to preclude consideration of any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01276 fmt 6652 CARDINAL sfmt 6201 evidence derived from services by a health care provider before the date of the exclusion of the health provider under this paragraph. period of in shall specify, in the notice of under clause (i), the period the exclusion. previous case of the exclusion of a person entity under subparagraph (a) who previously been subject to an under such if the person or entity previously been subject to an exclusion only once, the of exclusion shall be not than 10 years DATE ; and if the person or entity previously been subject to an exclusion more than the exclusion shall be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01277 fmt 6652 sfmt 6201 CARDINAL notice to state licensing secretary promptly notify the appropriate or local agency or authority having for the licensing or of a person or entity excluded from under this section of the fact circumstances of the exclusion; request that appropriate be made and sanctions invoked in with applicable state law and and request that the state or local or authority keep the secretary and currently informed with respect any actions taken in response to the notice, hearing, and judicial person or entity who is excluded directed to be excluded) from participation this section is entitled to reasonable and opportunity for a hearing by the and to judicial review of such final decision to the same extent as is provided in 2205 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01278 fmt 6652 CARDINAL sfmt 6201 application for termination of in individual from participation under this may apply to the secretary, in the specified by the secretary in and at the end of the period of provided under and at such other times as the may provide, for termination of the effected under this paragraph. criteria for secretary may terminate the exclusion the secretary determines, on the basis of conduct of the applicant which after the date of the notice of or which was unknown to the at the time of the exclusion, there is no basis under (a) for a continuation of exclusion; and there are reasonable that the types of actions which the basis for the original 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01279 fmt 6652 CARDINAL sfmt 6201 have not recurred and will not availability of records of persons and in section shall be construed to have the effect limiting access by any applicant or under this title or the secretary to maintained by any person or entity in with services provided to the or beneficiary prior to the exclusion of person or entity under this paragraph. or entity participating in, or seeking to in, the program under this title shall the secretary, in such form and manner the secretary shall prescribe by regulation, such person or entity has been of a violation under paragraph ( 1 CARDINAL ). redetermination of in secretary shall redetermine the entitlement of to paid family and medical leave benefits under this title if there is reason believe that fraud or similar fault was 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01280 fmt 6652 sfmt 6201 in the application of the individual for benefits, unless a united states GPE attorney, equivalent state prosecutor, with jurisdiction potential or actual related criminal cases, in writing, that there is a substantial that such action by the secretary with to beneficiaries in a particular would jeopardize the criminal prosecution a person involved in a suspected fraud. redetermining the entitlement, making an initial determination of of an individual under this title, the shall disregard any evidence if there is to believe that fraud or similar fault was in the providing of such evidence. similar fault of paragraph ( 1 CARDINAL ), similar fault is involved with to a determination an incorrect or incomplete statement is material to the determination is made; or information that is material to the is knowingly concealed. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01281 fmt 6652 CARDINAL sfmt 6201 termination of after pursuant to this subsection the of an individual to monthly DATE insurance benefits, secretary determines that there is insufficient to support such entitlement, the secretary terminate such entitlement and may treat paid on the basis of such insufficient evidence as 2207. funding for benefit payments, grants, program administration. funding for benefit payments and in are appropriated, of any funds in the treasury ORG not otherwise such sums as may be necessary to pay under section 2202 LAW and for grants under 2209 DATE and 2210 DATE , subject to paragraph ( 2 CARDINAL ). no case shall a grant section 2209 LAW exceed a total amount (for all individuals) equivalent to the sum of paid (including, in the case of a grant under 2209 DATE , the full cost of administering such for each applicable individual (as described paragraph ( 3 CARDINAL )) calculated on the basis of a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01282 fmt 6652 sfmt 6201 number of hours TIME of leave during the benefit period equal the product of 12 CARDINAL multiplied by the of hours TIME in a regular workweek of the (within the meaning of section minus the number of caregiving hours TIME (as in section 2202(c LAW )) of such individual in total to months DATE during such benefit under this title. applicable purposes paragraph ( 2 CARDINAL ), an is an with respect to whom a grant under section is awarded, receiving paid family or medical benefits for days DATE of leave under a paid family medical leave benefit program of a legacy state defined in section 2209(b)). funding for program are appropriated, out of any funds in the treasury otherwise appropriated, such sums as may be for the following purposes (including through the of grants or contracts except where otherwise costs related to taking applications, to public inquiries, assisting with problem 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01283 fmt 6652 sfmt 6201 taking requests for appeals, and the of other necessary assistance to individuals for or receiving benefits under this title, the following: costs related to staffing a national telephone number (which shall not be out through the use of grants or costs related to technology to a national toll-free telephone number and technology related to the design, construction maintenance of an online application and service portal. costs related to mailed notices. costs related to determining eligibility shall not be carried out through the use of or contracts). costs related to ensuring program and combating fraud, including by issuing to do the following: ensure identity validation of and beneficiaries. verify the professional credentials of authorities who provide certifications to section 2204(b)(2 CARDINAL ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01284 DATE fmt 6652 CARDINAL sfmt 6201 ensure the accuracy of any wage and income data used in the of this title. ensure that the attestation in section 2204(b)(3 LAW ) has been satisfied each applicant and beneficiary. ensure the accuracy of periodic claim reports. provide for post-effectuation quality of approved claims and quality review of claims (which shall not be carried out the use of grants or contracts). costs related to certification of payment of (which shall not be carried out through the of grants or contracts). costs related to appeals (which shall not carried out through the use of grants or costs related to the administration by the of the legacy state grant program under 2209 DATE and the employer-sponsored plan grant under section 2210 LAW . costs related to developing systems of for purposes of administering the program this title (which shall not be carried out 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01285 DATE fmt 6652 CARDINAL sfmt 6201 the use of grants or contracts, except that related to technology to support such systems records may be carried out through the use of or contracts). costs related to data exchange and for which the secretary shall enter into an with relevant data sources including the directory of new hires and shall seek to into agreements with states to obtain such as the secretary may require to determine and benefits payable under section 2202 LAW , the grants in sections 2209 DATE and 2210 DATE , verify such other information as the secretary may be necessary in carrying out the of this title. costs related to the training of employees, and contractors, including training relating the prevention of discrimination in the of this title on the basis of race, color, religion, sex, sexual orientation, gender disability, age, national origin, family or living arrangements. costs related to providing technical to legacy states under section 2209 LAW and to or third ORDINAL party administrators designated 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01286 fmt 6652 CARDINAL sfmt 6201 an employer of paid leave programs under section costs related to providing technical to small business employers with respect to requirements of the small business assistance in section 2211 and the process by which employees may apply for benefits under section and any other costs necessary for the administration of this title. 2208 DATE . funding for outreach, public education, research. funding for outreach and public are appropriated, out of any funds in the not otherwise appropriated, $ 150,000,000 MONEY for of fiscal years 2022 DATE through 2026 DATE for the secretary with respect to benefits provided by the program under engage in a robust program of culturally linguistically competent education and outreach ensuring awareness of and access to such provide to potential eligibility process, benefit amounts, maximum benefits 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01287 fmt 6652 CARDINAL sfmt 6201 CARDINAL notice requirements, the appeals process, nondiscrimination rights, including specific estimates based on the average weekly DATE earnings a potential beneficiary; and provide employers with a model notice to used to inform employees of the availability of benefits. funding for are out of any funds in the treasury ORG not otherwise $ 150,000,000 MONEY for each of fiscal years 2023 2027 DATE for the secretary develop and carry out grants for research the purpose of ensuring full access to the provided by the program under this title, through the detection and prevention of on the basis of race, color, ethnicity, religion, sexual orientation, gender identity, disability, national origin, income, language, job family composition, or living arrangements; and annually DATE make available to the public in fiscal year 2024 DATE a report that the number of individuals who such benefits; the purposes and durations for which benefits were received; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01288 fmt 6652 sfmt 6201 an analysis of benefit use by industry, wage levels, employer size, and an analysis of disparities identified the grants for research authorized under this on the basis of race, color, ethnicity, sex, sexual orientation, gender identity, age, national origin, family or living arrangements; a description of the actions by the to prevent disparities and ensure full to the benefits provided by the program this title; a comparative analysis of paid family medical leave benefits received by through the program under section 2202 LAW , a legacy state paid family and medical program described in section 2209 LAW , or an employer-sponsored program in section 2210 LAW that takes into account number of individuals receiving benefits, the of the benefits received, and the of leave-taking under each program; the number of employers who a reimbursement grant under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01289 fmt 6652 sfmt 6201 and the number of employees of such who received paid family and medical benefits under an employer-sponsored described in such section; and the number of employers who one CARDINAL or more small business assistance under section 2211 and the total number such grants provided. 2209. funding for state administration option legacy states. in each calendar year beginning 2024 DATE , the secretary shall make a grant to each state for the calendar year DATE preceding such calendar year in the case of a grant under this section in 2024 DATE , for portion of such preceding calendar year occurring june 30), was a legacy state and that met the data requirements of subsection (c), in an amount to the lesser an amount, as estimated by the secretary, consultation with the secretary of labor, equal to total amount of paid family and medical leave that would have been paid under section (including the full federal cost of such benefits) to individuals who received under a state program described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01290 fmt 6652 sfmt 6201 (b) during the calendar year DATE preceding such year (or, in the case of a grant under this in 2024 DATE , for the portion of such preceding year DATE occurring after june 30 DATE ) if the state not been a legacy state for such preceding year DATE (or, in the case of a grant under this in 2024 DATE , for the portion of such preceding year DATE occurring after june 30 DATE ); or an amount equal to the total cost of the paid family and medical leave program in subsection (b) for the calendar year such calendar year (or, in the case of a grant this section in 2024 DATE , for the portion of such calendar year occurring after june 30 DATE ), the total amount of paid family and leave benefits that would have been to individuals under such program for that is exempt under such program on of being otherwise paid under a program by such employer; and the full cost to the state of such program. any case in which, during any calendar year DATE , the has reason to believe that a state will be a legacy 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01291 fmt 6652 CARDINAL sfmt 6201 and meet the data sharing requirements of (c) for such calendar year, the secretary may make payments during such calendar year of the which would be paid to such state in the succeeding year DATE , to be adjusted as appropriate in the calendar year DATE . legacy purposes of this section, term for a calendar year DATE means a state the secretary, in consultation with the secretary of has enacted, not later than the date of of this title, a state law that provides paid and medical leave benefits; and for any calendar year DATE that begins on or the date that is 3 years DATE after the date of of this title, has in effect, throughout such year DATE , a state program enacted into that provides paid family and medical for at least 12 full workweeks CARDINAL of during each 12-month DATE period to at all of those individuals in the state would be eligible for paid family and leave benefits under section 2202 DATE regard to section 2202(c)(2)(d CARDINAL )) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01292 fmt 6652 sfmt 6201 any part of such calendar year, that such state shall provide paid family and leave benefits for leave from by the state or any subdivision thereof, except that state or local employees subject a collective bargaining agreement be excluded from such coverage the agreement of 90 percent PERCENT of employees covered by the collective agreement; and may provide such benefits leave from federal employment; at a wage replacement rate that at least equivalent to the wage rate under the program under this and that provides an annual DATE notice to individual whose employment would be for such benefits under the state program. data a condition of receiving a under subsection (a) in a calendar year DATE , a state 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01293 fmt 6652 CARDINAL sfmt 6201 enter into an agreement with the secretary under the state shall provide the with information, to be provided as determined by the secretary, concerning who received a paid leave benefit under a program described in subsection (b), including name, information to establish the identity, dates for which such paid leave were paid, the amount of such paid leave and, to the extent available, such other concerning such individuals as the may require for the purpose of carrying out section and section 2202(c)(2)(d); not later than july 1 DATE of such calendar the amount described in subsection (a)(2) for calendar year preceding such calendar year; and such other information as the secretary may be necessary in carrying out the of this title, including for the purposes of equity as described under section 2206(a LAW ) for research described under section 2208(b LAW ). funding for transitional costs for in are appropriated to secretary, out of any funds in the treasury ORG not 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01294 fmt 6652 sfmt 6201 appropriated, such sums as necessary for in accordance with this subsection. transition secretary make a grant under this subsection to each title; is a legacy state for the calendar in which occurs the date of enactment of certifies to the secretary that the intends to remain a legacy state and the data sharing requirements of (c) at least through the first ORDINAL calendar that begins on or after the date that is 3 CARDINAL after the date of enactment of this title; agrees to repay the full amount of grant if the state fails to remain a legacy and meet the data sharing requirements subsection (c) as certified in subparagraph amount of amount of a provided to a state under this subsection shall equal to of the sum of the expenditures the date of enactment of this title through the year DATE described in paragraph ( 2)(b CARDINAL ) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01295 fmt 6652 CARDINAL sfmt 6201 the costs of creating new information systems as needed to implement the sharing requirements of subsection (c) staffing costs related to such systems); other necessary costs incurred by the to meet the requirements of subsection estimated advance may make estimated payments of a grant to a state under this subsection for any year DATE , to be adjusted as appropriate in the calendar year DATE . 2210 DATE . reimbursement option for employer- paid leave benefits. in each calendar year DATE with 2023 CARDINAL , the secretary shall make a grant to each that is an eligible employer for such calendar in an amount equal in the case of an eligible employer a paid family and medical leave benefit with respect to which benefits are awarded and under a contract with an insurer, an amount to 90 percent PERCENT of the product 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01296 fmt 6652 sfmt 6201 the projected national average cost employee of providing paid family and leave benefits as determined by the for such calendar year under subsection (or, in the case of calendar year 2023 DATE , such projected national average cost); by the number of employees (pro-rated part-time employees) covered under the for such calendar year (or, in the case of year 2023 DATE , for the portion of such year DATE occurring after june 30 DATE ); and in the case of an eligible employer a self-insured paid family and medical leave program with respect to which benefits are and paid directly by the employer (or by a party administrator on behalf of the employer), amount equal to 90 percent PERCENT the amount of benefits paid under the for such calendar year to individuals up to 12 weeks DATE of leave per individual (or, the case of calendar year 2023 DATE , for the of such calendar year occurring after june DATE or 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01297 fmt 6652 sfmt 6201 DATE if lesser, the product of the national weekly DATE benefit amount paid under 2203(a) during such calendar year (or, in case of calendar year 2023 DATE , during the of such calendar year occurring after june DATE multiplied by the number of weeks DATE of leave to 12 CARDINAL per individual) paid by the employer all individuals under the program for the year DATE (or such portion in the case of year 2023 DATE ). eligibility; application in purposes of subsection an eligible employer for a calendar year DATE is an (other than the federal government or the of any state (or political subdivision that is a legacy state for such calendar year section 2209 LAW ) that satisfies all of the following non-legacy state employer has one CARDINAL or more employees such calendar year whose employment with employer would not be eligible for paid or medical leave benefits under the law any legacy state (as defined in section for such calendar year. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01298 fmt 6652 sfmt 6201 application; submission of later than the deadline specified in paragraph ( 2)(a CARDINAL ) such calendar year, the notifies the secretary that the intends to seek a grant under section for such calendar year; certifies to the secretary that the will have in effect during such year DATE a paid family and medical benefit program that meets the of subsection (c) and, not later the submission deadline specified in (2)(b) for such calendar year, all documentation relating to such as the secretary may request; and pays an application of (or $ 200 MONEY in the case of a renewed approval by the family and medical leave benefit program to in subparagraph (b) is subsequently by the secretary as meeting all requirements. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01299 fmt 6652 sfmt 6201 CARDINAL information submission the time of application for such for each calendar year DATE , the submits to the an attestation that the paid and medical leave benefit referred to in subparagraph (b) remain in effect during the whole such calendar year (or, in the case a program not in effect at the of such calendar year, an that such program will in effect until the end of such year DATE ); and with respect to each of the employer covered by the for such calendar year, the name, information to the identity, and in case of a part-time employee (for of determining the number employees (pro-rated for part-time covered under the program such calendar year under (a)(1)(b)), the number of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01300 fmt 6652 sfmt 6201 the employee regularly works in week DATE ; and agrees to submit information to secretary as described in subsection maintenance of agrees to retain all records relating to paid family and medical leave program for not less than 3 years DATE . job protections and other a condition of the grant, employer that, on return from leave under program described in subparagraph the individual taking such leave be restored by the employer the position of employment held by individual when the leave or be restored to an equivalent with equivalent employment pay, and other terms and of employment; to maintain coverage for the under any health (as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01301 fmt 6652 sfmt 6201 CARDINAL in section 2212) for the duration such leave at the level and under the coverage would have been if the individual had continued in continuously for the duration such leave; in any case in which an receives an adverse determination the employer (or administering with respect to paid family and medical benefits under the program described subparagraph to provide opportunity for employee to appeal such adverse to the employer (or entity); and in any case in which the elects to appeal the results such initial appeal to the secretary to section 2205(a)(1)(b LAW ) the final decision of the secretary in the favor, to provide the payment of such paid family medical leave benefits in addition 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01302 fmt 6652 CARDINAL sfmt 6201 the costs to the secretary of such appeal; to provide annual notice to all of the availability of paid family medical leave benefits under the described in subparagraph (b) and the right to appeal any adverse with respect to such benefits; and not to impose any fee on any related to the receipt of paid family medical leave benefits under the described in subparagraph (b). additional provides assurances that the employer administering will not interfere with, restrain, deny the exercise of, or the attempt to any right provided under such will notify an employee in any in which the employee is provided benefits; and will not discharge, or in any manner discriminate against, any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01303 fmt 6652 sfmt 6201 for opposing any practice by such policy. special conditions in the case certain self-insured private the case of a paid family and leave benefit program of an (other than a state or political thereof) with respect to which are awarded and paid directly by the (or by a third ORDINAL party on behalf of the such employer employs at 50 CARDINAL employees described in (a); such benefits are by a surety bond held by the and such employer (or entity) holds funds in a account for such benefits not for any other business purpose. the case of a paid and medical leave benefit program 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01304 fmt 6652 CARDINAL sfmt 6201 an employer that is a state (or political thereof) with respect to which are awarded and paid directly by employer (or by a third ORDINAL party on behalf of the employer), such are negotiated pursuant to a bargaining agreement. timing of certification specified in this subparagraph for a year 2023 DATE ; and for calendar year 2023, march DATE for any calendar year DATE after 2023, days DATE before the beginning of such year DATE , if later, the date that is 90 days DATE before a described in paragraph (1)(b) first ORDINAL goes effect. submission of submission deadline specified in this for a calendar year for calendar year 2023 DATE , may 15 DATE , and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01305 fmt 6652 sfmt 6201 for any calendar year DATE after 2023, days DATE before the beginning of such year DATE , if later, the date that is 45 days DATE before a described in paragraph (1)(b) first ORDINAL goes effect. employer program in paid family and medical benefit program shall not be considered to the requirements of this subsection unless such consists of a written employer policy that for the payment, through one CARDINAL or more benefit plans, of family and medical leave which may be guaranteed through an and which may be administered by an insurer by another third ORDINAL -party entity, that includes each in the model template described in ( 2 CARDINAL ), and that provides for each of the the provision of such benefits to all described in subsection (b)(1)(a), of length of service, job type, in a labor organization, seniority status, or other employee classification. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01306 DATE fmt 6652 CARDINAL sfmt 6201 each of the job protections and other described ( b)(1)(g WORK_OF_ART ). each of the assurances described in submission of information to the as described in subsection (e). model later than july 2022 DATE , the secretary shall make available to employers a model template of a written policy paid family and medical leave at a wage replacement rate that is at as great as the wage replacement rate that employee would receive under the program this title (without regard to section for a total number of weeks DATE of paid that is at least as great as the total of weeks DATE of paid leave that an employee receive under the program under this (without regard to such section); for all of the reasons for which an would be considered to be engaged in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01307 fmt 6652 CARDINAL sfmt 6201 regardless of any pre-existing conditions; for leave which may be taken or on a reduced leave schedule; that does not impose any fee on any related to the receipt of such benefits. which must be paid not less than monthly DATE ; for which applications must be and notifications provided at least as as is provided under section 2204 LAW for provided under section 2202(a); and for which any information contained an application for such benefits shall be to be true and accurate, unless the (or administering entity) demonstrates a preponderance of the evidence that contained in the application is false; national average october 1 DATE of the calendar year before each year beginning with 2023 DATE , the secretary shall the projected national average cost per for such calendar year of a paid family and leave benefit program that meets the of paragraph ( 2 CARDINAL ) (assuming 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01308 fmt 6652 CARDINAL sfmt 6201 CARDINAL costs no greater than the average or projected administrative costs of providing benefits section 2202), taking into account projected levels, duration of benefits, and frequency of of the program in such calendar year. timing of payment; penalty for late insured grant paid this section for a calendar year DATE to an eligible described in subsection (a)(1) shall be paid the secretary not later than 30 days DATE after the of such calendar year, except that in the of a grant under this section for calendar year such grant shall be paid by the secretary not than august 1, 2023 DATE . self-insured grant under this section for a calendar year DATE to an employer described in subsection (a)(2) shall be by the secretary not later than march 31 of the year DATE succeeding such calendar year. penalty for late any case which an eligible employer seeking a grant under subsection for a calendar year DATE fails to submit all documentation by the submission deadline 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01309 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL such calendar year as required under subsection the grant for such calendar year for employer shall not be paid until 45 days DATE the date of payment otherwise specified in ( 1 CARDINAL ) or ( 2 CARDINAL ), as applicable; and the amount of such grant shall be by 2 percent PERCENT for each 7 days DATE by which submission deadline is exceeded. information a condition of a grant under subsection (a) for a calendar year DATE , employer shall provide the secretary with information, such times and in such manner as determined by the concerning individuals who received a paid benefit under the paid family and medical leave program of the employer, including each information to establish the identity, for which such paid leave benefits were paid, the of such paid leave benefit, and, to the extent such other information concerning such individuals the secretary may require for the purpose of carrying this section and section 2202(c)(2)(c LAW ), and for carrying out the provisions of this title, including for purposes of promoting equity as described under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01310 fmt 6652 CARDINAL sfmt 6201 2206(a) and for research described under section in secretary shall periodic reviews of employers receiving grants this section (and of entities administering grants). the secretary may withdraw approval the paid family and medical leave benefit program an employer in any case in which the secretary that the employer (or administering entity) has any requirement of this section, and may an employer (or administering entity) receiving (or administering) subsequent grants this section in the case of repeated violations. penalties relating to case in which the secretary determines that a exists with respect to an employer (or entity) in which the employer (or entity) has incorrectly denied claims for paid benefits under the employer-sponsored and such claims have subsequently been by the secretary pursuant to an appeal in section 2205(a)(1)(b LAW ), the secretary may such penalties on the employer (or entity) as the secretary deems appropriate, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01311 fmt 6652 sfmt 6201 may include a reduction in, or disqualification receiving (or administering), subsequent grants this section. penalties on administering the case of a third ORDINAL -party entity a paid family and medical leave benefit of an employer, such entity shall notify such in any case in which a penalty is imposed this subsection on the administering entity later than 30 days DATE after the date on which such has been imposed. in any case in which the determines that a pattern of misconduct with respect to an entity administering under this section for multiple employers, the may disqualify such entity from employer-sponsored programs receiving grants under this section. employer and administrator employer (or administering entity) with to which a penalty is imposed under this may appeal such decision to the secretary if such appeal is filed with the secretary not than 60 days DATE after the date of such decision. greater benefits in section shall be construed to prohibit an eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01312 fmt 6652 CARDINAL sfmt 6201 from providing paid family and medical leave that exceed the requirements described in this section. 2211. funding for small business assistance. in are appropriated, out of funds in the treasury ORG not otherwise appropriated, sums as may be necessary for grants in accordance this section. small business assistance shall make a grant to each eligible employer (as in subsection (g)) who employs a covered (as so defined) if such eligible employer satisfies requirements of subsection (c). grant eligible employer a grant under this section with respect to a individual described in subsection (b) not later than 90 days DATE after such returns from qualified leave (as defined in (g)) from the employer, submit an to the secretary in such manner as the shall provide; attest to the secretary that the employer expects to, during the period in which individual is taking such qualified leave, incur attributable to replacing the labor of such during such period in excess of the wages that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01313 fmt 6652 sfmt 6201 be paid to the individual during such period such leave were not taken; agree that, on return from such qualified the individual be restored by the employer to the of employment held by the individual the leave commenced; or be restored to an equivalent position equivalent employment benefits, pay, and terms and conditions of employment; agree to maintain coverage for the under any health (as defined in 2212 DATE ) for the duration of such qualified leave the level and under the conditions coverage would been provided if the individual had continued in continuously for the duration of such upon the award of such grant, notify the of their rights under paragraphs ( 3 CARDINAL ) and amount of amount of a grant an eligible employer with respect to a covered individual be an amount equal to the product of 2.5 CARDINAL multiplied the average weekly DATE wage of the state in which the worksite is located for the most recent calendar 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01314 fmt 6652 CARDINAL sfmt 6201 for purposes of this subsection, the average weekly DATE of a state for a calendar year DATE shall be determined annually published by the secretary on the basis of prepared by the bureau of labor statistics that is on a quarterly DATE census of employers in the state of paid for unemployment insurance-covered no case may an eligible receive more than 1 CARDINAL grant under this with respect to the same covered individual in single calendar year; or receive more than 10 CARDINAL total grants under section in a single calendar year DATE . any case in an attestation with respect to incurred made pursuant to subsection (c)(2) is made in good faith; or an employer who receives a grant under section with respect to a covered individual fails satisfy the requirements of paragraph ( 3 CARDINAL ) or ( 4 CARDINAL ) subsection (c) with respect to such individual, secretary may require the employer to repay the full of such grant (including any applicable interest) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01315 fmt 6652 sfmt 6201 DATE may permanently prohibit the employer from applying any subsequent grants under this section. purposes of this covered purposes of section, the term means an employed by an eligible employer who 4 or more weeks DATE of leave from such employer, anticipates taking 4 or more weeks DATE , during the benefit period for which the individual paid family and medical leave under section 2202(a); under the law of a legacy state (as in section 2209(b)); or under an eligible employer-sponsored under section 2210 LAW , only if the eligible employer has received no state or federal grant intended to cover the described in subsection (c)(2) with respect to individual. eligible term means any person (other than a agency) who regularly employs at least 1 CARDINAL and more than 50 CARDINAL employees. qualified term means leave taken by an individual with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01316 fmt 6652 sfmt 6201 to which the individual is eligible for paid and medical leave benefits under section 2202 LAW , the law of a legacy state (as defined in 2209(b)), or under an eligible plan under section 2210. LAW 2212. definitions. purposes of this title the following definitions group health term has the meaning given such term in 5000(b)(1 CARDINAL ) of the internal revenue code of national average wage average wage has the meaning such term in section 209(k)(1). term means secretary of the treasury ORG . self-employment term has the meaning given the in section 1402(b) of the internal revenue of 1986 DATE for purposes of the taxes imposed by 1401(b DATE ) of such code. for purposes of 2202(a EVENT ) and 2203(b)(3 CARDINAL ), the secretary shall rules for the crediting of self-employment to calendar quarters, under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01317 fmt 6652 sfmt 6201 in the case of a taxable year DATE which is calendar year, self-employment income shall credited equally to each quarter of such year DATE ; and in the case of any other taxable year DATE , income shall be credited equally to the quarter DATE in which such taxable year DATE ends to each of the next three CARDINAL or fewer preceding any part of which is in such taxable term means any of the united states GPE or the district of or any territory or possession of the united term has the given such term in section 3121(a) of the revenue code of 1986 DATE for purposes of the taxes by sections 3101(b) and 3111(b CARDINAL ) of such except that such term also compensation, as defined in section of such code for purposes of the retirement tax act; and unemployment compensation, as in section 85(b LAW ) of such code. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01318 DATE fmt 6652 sfmt 6201 term means a 7-day DATE beginning on a 130002 DATE . access to wage information from the directory of new hires for purpose of administering paid in 453(j) of the social act ( 42 u.s.c QUANTITY . 653(j)) is by redesignating paragraphs ( 5 CARDINAL ) through as paragraphs ( 6 CARDINAL ) through ( 12 CARDINAL ), respectively; by adding after paragraph ( 4 CARDINAL ) the following: provision of new hire information purposes of family and medical leave in national of new hires shall provide the secretary the treasury ORG with all information in the directory relating to wages paid to use and maintenance of by the secretary of the secretary of the treasury ORG may use provided under this paragraph only purposes of administering the paid family 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01319 fmt 6652 CARDINAL sfmt 6201 CARDINAL medical leave benefit program under title and shall maintain such information in records of the secretary of the treasury for time as the secretary of the treasury necessary for the administration of such of such act ( 42 u.s.c QUANTITY . 653(i)(2)(c)) is by striking and inserting 131001 DATE . amendment of 1986 DATE code. as otherwise expressly provided, whenever in subtitle an amendment or repeal is expressed in terms an amendment to, or repeal of, a section or other the reference shall be considered to be made to a or other provision of the internal revenue code 1986 DATE . contribution plans and 131101 DATE . tax imposed on employers failing to or facilitate automatic plan or arrangement. automatic contribution plan or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01320 fmt 6652 sfmt 6201 in 414 CARDINAL is amended by at the end the following: automatic contribution plan or purposes of this in term plan or a defined contribution plan is described in clause (i), (ii), or of section 219(g)(5)(a LAW ), includes a qualified cash or arrangement or a salary reduction and meets the notice, eligibility, investment, fee, and lifetime requirements of paragraphs ( 2 CARDINAL ), ( 3 CARDINAL ), ( 5 CARDINAL ), ( 6 CARDINAL ), and (7), respectively, an automatic ira arrangement in paragraph (8), an arrangement described in section that meets the notice, contribution, and fee requirements described in ( 2 CARDINAL ), ( 4 CARDINAL ), ( 5 CARDINAL ), and ( 6 CARDINAL ), and a plan described in clause (i), (ii), (v), or (vi) of section 219(g)(5)(a) that is and maintained by an employer as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01321 fmt 6652 sfmt 6201 the date of enactment of the act to provide reconciliation pursuant to title ii of s. con. 14 CARDINAL , or a plan described section that is not subject to title i of employee retirement income security act 1974 DATE and offers annuity contracts, or makes accounts available to employees, as of date. notice plan or shall be treated as meeting the notice of this paragraph with respect to an if the plan or arrangement meets the notice of, or similar to, the notice of section 401(k)(13)(e), excluding any such requirements that are not applicable or to the such plan or arrangement. eligibility in requirements of paragraph shall be treated as met if all of the employer are eligible to in an automatic contribution plan or maintained or facilitated by the certain employees may be excluded from 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01322 fmt 6652 sfmt 6201 in determining whether the of this paragraph are met: individuals less than 21 CARDINAL employee who has not age 21 DATE . certain other service who has not completed at least of the following periods of service with employer maintaining or facilitating plan or arrangement: the period permitted under 410(a)(1) (determined without to subparagraph (b)(i) a period of 2 CARDINAL consecutive periods during each of the employee has at least 500 CARDINAL of service. special rules for controlled employees within an need not be eligible to participate in the automatic contribution plan or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01323 fmt 6652 sfmt 6201 for purposes of this subsection, the term shall include all employers treated as single employer under subsection (b), (c), or (o) of section 414 LAW . entry similar to the of section 410(a)(4 LAW ) shall apply with to employees who have satisfied the age service requirements referenced in (b) and who are otherwise entitled to in a plan or arrangement. contribution in requirements of paragraph shall be treated as met if, under plan or arrangement, each employee eligible participate in the plan or arrangement is as having elected to have the employer elective contributions in an amount equal the qualified percentage of compensation. election election as having been made under subparagraph shall cease to apply with respect to any if such employee makes an affirmative or not to have such contributions 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01324 fmt 6652 sfmt 6201 to make elective contributions at level specified in such affirmative qualified of this paragraph, and except as provided subparagraph (d)(i), the term means, with respect to any employee, percentage determined under the plan or if such percentage is applied does not exceed 15 percent PERCENT ( 10 percent PERCENT the period described in clause (i)), and at 6 percent PERCENT during the period on the last day of the first ORDINAL plan year begins after the date on which the elective contribution described in (a) is made with respect to employee, 7 percent PERCENT during the first ORDINAL plan following the plan year DATE described in (i), (ii), 8 percent PERCENT during the first ORDINAL plan following the plan year DATE described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01325 fmt 6652 CARDINAL sfmt 6201 9 percent PERCENT during the first ORDINAL plan following the plan year DATE described in (iii), and plan year DATE . 10 percent PERCENT during any rules relating to automatic purposes of this qualified case of an automatic ira with respect to an employee for any year DATE , a percentage equal to the percentage described for such plan under subparagraph (c). payroll deduction the case of an automatic ira any reference in this to elective contributions shall be as including a reference to payroll contributions. investment in default plan arrangement shall be treated as meeting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01326 fmt 6652 CARDINAL sfmt 6201 requirements of this paragraph if in absence of an investment election by a or beneficiary, amounts are only in the class of assets or funds in subparagraph (b). required investment addition to the default requirement of clause (i), an ira arrangement shall be treated as the requirements of this if the arrangement also allows the to invest in any of the class of or funds described in subparagraph (c), (d), or (e), and provides for no investment options. target date/lifecycle class of assets or funds described in this is the class of assets or funds that a qualified default investment under department of labor regulation of assets or funds described in this clause the class of assets or funds that is designed 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01327 fmt 6652 CARDINAL sfmt 6201 protect the principal of the individual on an basis. balanced class of or funds described in this clause is the of assets or funds that constitutes a default investment alternative under labor other class of assets or determined by the secretary to be a investment for purposes of this fee the case of any or arrangement not otherwise subject to title i the employee retirement income security act of under the fee requirements of this paragraph, participant may be charged unreasonable fees or lifetime income in plan or shall be treated as meeting the lifetime requirement described in this paragraph if plan or arrangement permits participants to to receive at least 50 percent PERCENT of their 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01328 fmt 6652 sfmt 6201 CARDINAL account balance in a form of distribution in section 401(a)(38)(b)(iii LAW ). in paragraph not apply with respect to any whose vested account balance or less at the time of not treated as in favor of highly compensated plan shall not be treated failing to meet the requirements of 401(a)(4 CARDINAL ) solely by reason of applying exception of clause (i) to the of subparagraph (a). automatic ira in purposes of this the term ira means, with respect to an employer (and or issuer designated by the employer), arrangement facilitated by the employer meets the requirements of this paragraph the eligibility, contribution, investment, and requirements of paragraphs ( 3 CARDINAL ), ( 4 CARDINAL ), ( 5 CARDINAL ), ( 6 CARDINAL ), and under which an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01329 fmt 6652 sfmt 6201 may to have the employer make deduction deposits on behalf of individual as payroll deduction to an individual account, or to have such payments paid the employee directly in cash, is treated as having made the under clause (i)(i) at the level under paragraph (4)(d) until the makes an affirmative election to have such contributions made (or to such contributions made at a level in the affirmative election), and may elect to modify the manner which such amounts are invested for plan year. administrative requirements of subparagraph are met with respect to automatic ira arrangement if the makes the payments elected or as elected under subparagraph on or before the last day of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01330 fmt 6652 CARDINAL sfmt 6201 DATE following the month DATE in which the otherwise would have been to the employee in cash. notice of election requirements of this paragraph shall treated as met with respect to any year the employer notifies each employee to participate, within a reasonable of time before the beginning of such (and, for the first year DATE the employee so eligible, a reasonable period of time the first ORDINAL day such employee is so the opportunity to elect to contributions made, or to be as so electing, under clause or (ii), of subparagraph (a), the opportunity to elect not have payroll deduction made or to have such made at a different percentage in a different amount, and the opportunity under (a)(iii) to modify the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01331 fmt 6652 CARDINAL sfmt 6201 in which such amounts are for such year DATE . employer shall provide such notice in form or, if the employee so elects, in form. limits on shall not be treated as failing to satisfy requirements of this section or any other of this title merely aggregate payroll deduction by or on behalf of an individual individual retirement accounts of the exceed the deductible amount in under section 219(b)(5) (determined regard to subparagraph (b) for any taxable year in which any deduction contributions by the under an automatic ira are made, or the employer chooses to limit the deduction contributions under this on behalf of an employee for calendar year in a manner reasonably to avoid exceeding such amount. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01332 fmt 6652 CARDINAL sfmt 6201 CARDINAL default treatment as roth employee on whose behalf payroll contributions are made to an individual account under subparagraph (a) elect, at such time and in such manner form as the secretary may prescribe, to treat the individual retirement as designated as a roth ira. if no such is made, the account shall be treated as deposits to individual accounts of a designated trustee designated. in employer shall be treated as failing to satisfy the of this section, or any other of this title, merely because the makes all payroll deduction on behalf of all employees (or all who do not specify an individual account, trustee, or issuer to the contributions) to individual accounts specified in clause (ii). individual retirement other than those selected 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01333 fmt 6652 sfmt 6201 CARDINAL employer may elect to payroll deduction contributions for all participating in an automatic arrangement made to individual accounts of a trustee or issuer the arrangement that has been by the employer, but only if the of such accounts, and the therein, are identified on the website under subparagraph (f)(iii). preceding sentence shall not apply each participant is notified in writing the balance may be without cost or penalty to individual retirement account by or on behalf of the participant. notice shall be in paper form or, if employee so elects, electronic form. employers may permit to choose the employer elects, the arrangement may provide for employee election to have payroll contributions made to any individual account specified by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01334 fmt 6652 CARDINAL sfmt 6201 CARDINAL secretary issue such regulations as are to carry out the purposes of this including establishment of to assist employers with certified and available of individual retirement accounts to communicate to individuals the of investment diversification. model notice, secretary provide a model notice, written in manner calculated to be understandable the average worker, that is simple for to to notify employees of the under this section for the to provide certain employees the opportunity to participate in automatic ira arrangement, and to satisfy the requirements subparagraph (b)(ii), provide model forms for including automatic enrollment, in automatic ira arrangement, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01335 fmt 6652 CARDINAL sfmt 6201 establish a website or other means that small employers and can access and use to obtain on automatic ira arrangements clear, standardized, information on fees and expenses and returns in a format prescribed the secretary) and to obtain notices and and establish a for the provider of an ira arrangement to the secretary that the is described in this and meets the requirements in paragraph (1)(b), and to certify any arrangement the secretary determines so to regularly monitor and update such determinations certifications, and to list all so certified on the website in clause (iii) as appropriate use by employers and participants. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01336 fmt 6652 CARDINAL sfmt 6201 information referred to in clause (iii) shall provided in a manner designed to assist and providers by facilitating the by employers of private-sector providers individual retirement accounts, including the investment options, that are for use in automatic ira arrangements. safe harbor for certain state- arrangement by an employer shall not fail to be as an automatic ira arrangement because such arrangement is provided or offered, in whole or in part, by a purposes of this paragraph, the retirement shall have meaning given such term by section 408(a), that such term shall include individual annuities (as defined section other rules applicable to automatic penalty for failure to timely contributions to automatic ira 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01337 fmt 6652 sfmt 6201 4975(c) is amended by at the end the following new paragraph: special rule for automatic ira purposes of paragraph ( 1 CARDINAL ), if employer is required under an automatic ira (as defined in section 414(aa)(1)(b LAW )) to amounts withheld from an an retirement account the meaning of section 414(aa)(8)(h LAW )) but to do so within the time prescribed under 414(aa)(8)(b)(i), such amounts shall be treated assets of the individual retirement waiver of early withdrawal for certain distributions following election to participate in ira 72(t) is by adding at the end the following paragraph: to participate in automatic ira (1) shall not apply in the of a to an individual from an individual account (within the meaning of 414(aa)(8)(h DATE )) that is part of an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01338 fmt 6652 sfmt 6201 CARDINAL ira arrangement (as defined in section and made not later than 90 days DATE after the automatic ira advisory in later than 90 after the date of the enactment of act, the secretary of the treasury ORG establish an automatic ira advisory (hereinafter in this subparagraph to as the the of the advisory group shall be to recommendations, advise, and assist the implementation and of paragraphs ( 5 CARDINAL ), ( 6 CARDINAL ), and of section 414(aa LAW ) of the internal code of 1986 DATE with respect to ira arrangements in the best interest of savers, the procedures and criteria the periodic certification, website and monitoring of investment that meet the requirements of paragraphs, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01339 DATE fmt 6652 CARDINAL sfmt 6201 user-friendly disclosure returns, terms, and expenses to facilitate options, the use of low-cost the appropriate use of and paper methods to provide and disclosure, any possible learnings or based on the and experience in approving individual retirement account and such other related matters may be determined by the advisory shall consist of not more than 15 CARDINAL and shall be composed such individuals as the may consider appropriate to expertise regarding the needs and challenges of lower- middle-income households, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01340 DATE fmt 6652 CARDINAL sfmt 6201 DATE at least one CARDINAL individual who is expert in retirement-related protections or who represents general public, and at least one CARDINAL representative the department of the treasury ORG . members the advisory group shall serve without administrative of the treasury ORG shall provide administrative support to the group, including technical the advisory group may use the and facilities of such department, or without reimbursement, as by such department. report by advisory later than 1 year DATE after the date of the of this act, the advisory group submit to the secretary of the a report containing its the secretary may request that the group submit subsequent reports. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01341 fmt 6652 sfmt 6201 excise tax for failure to maintain or automatic contribution plans or in 43 DATE is amended by at the end the following new section: 4980j DATE . failure to maintain or facilitate contribution plans or general in is hereby imposed a on the failure of an employer to maintain or an automatic contribution plan or paragraph ( 1 CARDINAL ) shall not apply to an to the extent such employer in an arrangement under a qualified law. paragraph ( 1 CARDINAL ) shall not apply to an with respect to any employee who is to participate in a different automatic plan or arrangement than one CARDINAL or other employees of the employer. amount of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01342 fmt 6652 sfmt 6201 in amount of the tax by subsection (a) on any failure with respect an employee shall be $ 10 MONEY for each day in the period with respect to such failure. noncompliance purposes this section, the term with respect to any failure, the beginning on the date such failure occurs, and ending on the earlier the date such failure is corrected, with respect to any employer, the that is 3 months DATE after the last date DATE which the employee is required to be to participate in an automatic plan or arrangement maintained facilitated by such employer. adjustment for in the case of any relating to maintaining or facilitating a or arrangement in a calendar year DATE after 2023 DATE , the $ 10 MONEY amount under ( 1 CARDINAL ) shall be increased by an amount to such dollar amount multiplied by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01343 fmt 6652 CARDINAL sfmt 6201 CARDINAL adjustment determined under 1(f)(3) for the calendar year DATE determined by year DATE for in subparagraph (a)(ii) thereof. any amount adjusted subparagraph (a) is not a whole dollar such amount shall be rounded to the whole dollar amount. limitations on amount of tax not to apply where failure not tax shall be imposed by subsection (a) any failure during any period for which it is to the satisfaction of the secretary that of the persons referred to in subsection (e) nor exercising reasonable diligence would have that such failure existed. tax not to apply to failures within tax shall be by subsection (a) on any failure such failure was due to reasonable and not to willful neglect, and such failure is corrected during the period beginning on the first ORDINAL date of the persons referred to in subsection (e) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01344 fmt 6652 sfmt 6201 that such failure existed, or exercising diligence would have known. overall limitation for the case of failures which due to reasonable cause and not to willful general tax imposed subsection (a) for failures during the taxable of the employer shall not exceed $ 500,000 MONEY . taxable years DATE in the case of controlled purposes this subparagraph, if not all persons who are as a single employer for purposes of this have the same taxable year, the taxable taken into account shall be determined principles similar to the principles of 1561 DATE . waiver by the case of a which is due to reasonable cause and not to neglect, the secretary may waive part or all the tax imposed by subsection (a) to the extent the payment of such tax would be excessive to the failure involved. tax not to apply in certain shall not apply in the case 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01345 fmt 6652 CARDINAL sfmt 6201 any employer with respect to a plan or that, during the prior calendar year DATE , was or facilitated only by employers each of had no more than 5 CARDINAL employees receiving at $ 5,000 MONEY of compensation from the employer for year DATE , any employer with respect to a plan (within the meaning of section 414(d)), any employer with respect to a church plan the meaning of section 414(e)), or any employer that has been in existence fewer than 2 years DATE , taking into account all employers. liability for employer shall be for the tax imposed by subsection (a) on a failure. all determined without regard to subsection (f)(2), be jointly and severally liable for the liability of any employer with which they are aggregated under (f)(2). purposes of this automatic contribution plan or term contribution or has the meaning given such under section 414(aa LAW ), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01346 fmt 6652 CARDINAL sfmt 6201 term includes employers treated as a single employer under (b), (c), (m), or (o) of section 414 LAW . qualified state term state means a state law (as it may be from time to time) was enacted before the date of the of the act to provide for pursuant to title ii of s. con. res. 14 CARDINAL , or requires certain employers to an automatic ira arrangement pursuant a payroll deduction savings program of the allows certain employers to contribute or participate in, a plan described in section of such code established and maintained the clerical table of for chapter 43 LAW is amended by adding at the the following new item: 4980j DATE . failure to maintain or facilitate automatic contribution plans or effective amendments made by section shall apply to plan years DATE beginning after 31, 2022. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01347 fmt 6652 sfmt 6201 131102 DATE . deferral-only arrangements. in 401(k) is amended by at the end the following new paragraph: deferral-only in deferral-only shall be treated as meeting the of paragraph (3)(a)(ii). deferral-only purposes of this paragraph, the term means any cash or arrangement which the automatic deferral of subparagraph (c), the elective contribution of subparagraph (d), and the requirements of (e) of paragraph ( 13 CARDINAL ). automatic in requirements this subparagraph shall be treated as if, under the arrangement, each eligible to participate in the is treated as having elected to the employer make elective in an amount equal to the qualified of compensation. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01348 fmt 6652 sfmt 6201 election election as having been made under clause shall cease to apply with respect to any if such employee makes an to not have such made, or to make elective at a level specified in such election. qualified of this subparagraph, with to any employee, the term means, in lieu of the meaning such term in paragraph (13)(c)(iii), percentage determined under the if such percentage is applied does not exceed 15 percent PERCENT ( 10 CARDINAL during the period described in (i)) and is at 6 percent PERCENT during the period on the last day of the first year which begins after the date which the first ORDINAL elective contribution 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01349 fmt 6652 CARDINAL sfmt 6201 in clause (i) is made with to such employee, 7 percent PERCENT during the first year DATE following the plan year DATE in subclause (i), 8 percent PERCENT during the first year DATE following the plan year DATE in subclause (ii), 9 percent PERCENT during the first year DATE following the plan year DATE in subclause (iii), and 10 percent PERCENT during any plan year DATE . elective in requirements this subparagraph are met if under the containing the the only contributions which be made are elective of employees who are eligible to in the arrangement, and the aggregate amount of elective contributions which may made with respect to any employee any calendar year shall not exceed 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01350 fmt 6652 CARDINAL sfmt 6201 CARDINAL amount in effect for the taxable under section 219(b)(5) without regard to (b) thereof). cross catch- contributions for individuals age 50 DATE or see section catch-up contributions for individuals 50 CARDINAL and section 414(v)(2)(b)(i LAW ) is amended by after section 414(v)(2)(b LAW ) is amended by adding the end thereof the following clause: in the case of an applicable the applicable dollar amount is section 414(v)(2)(c) is by striking and inserting and by inserting after the following: and the $ 1,000 MONEY described in subparagraph inserting after the following: calendar quarter beginning july 1, 2020 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01351 fmt 6652 CARDINAL sfmt 6201 the case of the $ 1,000 MONEY amount described in and by inserting before the period at the the following in the case of an in the amount described in subparagraph which is not a multiple of plans not treated as top-heavy 416(g)(4)(h)(i CARDINAL ) amended by striking and inserting or effective amendments made by section shall apply to plan years DATE beginning after 31, 2022. 131103 DATE . increase in credit limitation for small pension plan startup costs for automatic contribution or arrangement. years DATE for which credit is 45e(b)(1 CARDINAL ) is amended by striking taxable inserting taxable special rule for employers with 25 CARDINAL or 45e(a) is amended by before the period at the end the following: of such costs in the case of an eligible employer 25 CARDINAL or fewer employees, as determined by substituting for in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01352 fmt 6652 CARDINAL sfmt 6201 credit not to apply to certain plans or no credit with respect to deferral- by inserting than a deferral-only (as defined in section the period at the end. termination with respect to plans than automatic contribution plans or 45e DATE is amended by at the end the following new subsection: credit terminated for non-automatic plans or arrangements after the case of taxable years DATE beginning after 31, 2022, no credit shall be allowed under this for amounts paid or incurred with respect to an employer plan that is not an automatic contribution or arrangement (as defined in section effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01353 CARDINAL fmt 6652 CARDINAL sfmt 6201 131104 DATE . credit for certain small employer retirement arrangements. in d of part iv of a of chapter 1 LAW is amended by adding at the end following new section: 45u CARDINAL . credit for certain small employer retirement arrangements. general purposes of section 38 LAW , the case of an eligible employer, the small employer retirement arrangement credit determined this section for any taxable year in the credit period $ 500 MONEY . purposes of this eligible term means, with respect to the calendar year DATE which the taxable year DATE begins, an employer participates in an automatic ira (as defined in section 414(aa)(8)), or maintains a deferral-only (as defined in section 401(k)(16 DATE )), is described in 408(p)(2)(c)(i CARDINAL ), and did not maintain an eligible employer during the portion of the calendar year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01354 fmt 6652 CARDINAL sfmt 6201 the commencement of such or adoption of such deferral-only and the 2 CARDINAL preceding calendar years DATE . credit term the first 4 calendar years beginning after the of the enactment of this section in which the employer participates in the arrangement or the deferral-only arrangement. eligible employer term employer means a qualified employer within the meaning of section 4972(d). other purposes of this section, rules of section 45e(e LAW ) shall credit allowed as part of general 38(b CARDINAL ) of is amended by striking at the end of paragraph ( 32 CARDINAL ), by striking the period the end of paragraph ( 33 CARDINAL ) and inserting and adding at the end the following new paragraph: the small employer automatic retirement determined under clerical table of sections subpart d of part iv of subchapter a of chapter 1 LAW amended by adding at the end the following new item: 45u CARDINAL . credit for certain small employer automatic retirement 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01355 fmt 6652 CARDINAL sfmt 6211 DATE effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . match 131201 DATE . matching payments for elective and ira contributions by certain in b of chapter 65 LAW is by adding at the end the following new section: 6433 DATE . matching payments for elective and ira contributions by certain in allowance of eligible who makes qualified retirement savings for the taxable year shall be allowed a for such taxable year DATE in an amount equal to applicable percentage of so much of the qualified savings contributions made by such individual for the taxable year as does not exceed section shall payment of credit under treated as allowed by subpart c of iv of subchapter a of chapter 1 LAW , and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01356 fmt 6652 sfmt 6201 paid by the secretary as a (as soon as practicable after the eligible has filed a tax return making a claim such credit for the taxable year) to the retirement savings vehicle of an eligible applicable purposes of in as provided in ( 2 CARDINAL ), the applicable percentage is 50 percent PERCENT . percentage under (1) shall be reduced (but not below zero CARDINAL ) by number of percentage points which bears the ratio to 50 CARDINAL percentage points the excess the modified adjusted income for such taxable year DATE , over the applicable dollar amount, to the phaseout range. any reduction determined under this paragraph is a whole percentage point, such reduction shall be to the next lowest whole percentage point. applicable dollar amount; phaseout 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01357 fmt 6652 sfmt 6201 CARDINAL joint as in subparagraph the applicable dollar amount is and the phaseout range is $ 20,000 MONEY . other the case a head of a household (as defined section 2(b)), the applicable dollar and the phaseout range shall be the amounts applicable under (a) (as adjusted under subsection and any taxpayer who is not filing a return and who is not a head of a (as so defined), the applicable amount and the phaseout range be of the amounts applicable subparagraph (a) (as so adjusted). exception; minimum the of an eligible individual with respect to whom regard to this paragraph) the credit under subsection (a)(1) is greater than zero less than $ 100 MONEY , the credit allowed under this shall be $ 100 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01358 fmt 6652 CARDINAL sfmt 6201 eligible purposes of this in term means any individual if such individual has the age of 18 DATE as of the close of the taxable dependents and full-time students term shall any individual with respect to whom deduction under section 151 LAW is allowed to taxpayer for a taxable year beginning in calendar year in which such year begins, and any individual who is a student (as in section 152(f)(2)). qualified retirement savings purposes of this in term savings means, with respect to taxable year DATE , the sum the amount of the qualified contributions (as defined section made by the eligible individual, the amount 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01359 fmt 6652 CARDINAL sfmt 6201 any elective deferrals (as defined section 402(g)(3 LAW )) of such individual, any elective deferral of by such individual under an deferred compensation plan (as in section 457(b)) of an eligible described in section 457(e)(1)(a LAW ), the amount of voluntary employee by such individual to any qualified plan (as defined in section 4974(c)), the amount of contributions made by individual to the able account (within meaning of section 529a LAW ) of which such is the designated beneficiary. term shall not include any amount attributable a payment under subsection (a)(2). reduction for certain in qualified savings contributions determined under (1) for a taxable year shall be (but not below zero CARDINAL ) by the aggregate received by the individual during 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01360 fmt 6652 sfmt 6201 made. testing period from any entity of a type to contributions under paragraph ( 1 CARDINAL ) may testing purposes of (a), the testing period, with to a taxable year DATE , is the period which such taxable year DATE , the 2 CARDINAL preceding taxable years DATE , the period after such taxable and before the due date (including for filing the return of tax for taxable year. excepted not be taken into account under any distribution referred to in 72(p DATE ), 401(k)(8), 401(m)(6), 404(k), or 408(d)(4 CARDINAL ), any distribution to which section or 408a(d)(3) applies, any portion of a distribution if portion is transferred or paid in a contribution (as defined in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01361 fmt 6652 CARDINAL sfmt 6201 403(a)(4), 403(b)(8 DATE ), 408a(e), or to an account or plan to which retirement contributions can be and the amount of distributions a qualified able program (within meaning of section 529a LAW ) that is equal amounts not included in gross income respect to such distributions under 529a(c)(1)(b) (relating to for qualified disability expenses). treatment of distributions by spouse of of determining distributions received by individual under subparagraph (a) for any year DATE , any distribution received by the of such individual shall be treated as by such individual if such individual and file a joint return for such taxable year DATE for the taxable year during which the receives the distribution. applicable retirement savings in term savings means an account or plan 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01362 CARDINAL fmt 6652 sfmt 6201 by the eligible individual under paragraph such election to have the amount determined under subsection shall be to an account or plan is a roth ira or a designated roth (within the meaning of section 402a LAW ) an applicable retirement plan (as defined in 402a(e)(1)), is for the benefit of the eligible accepts contributions made under this is designated by such individual (in form and manner as the secretary may and other definitions and special modified adjusted gross purposes of this section, the term gross means adjusted gross determined without regard to sections 931 CARDINAL , and 933 CARDINAL , and determined without regard to any or deduction allowed for any qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01363 fmt 6652 CARDINAL sfmt 6201 CARDINAL savings contribution made during taxable year DATE . treatment of the of any contribution under subsection except as otherwise provided in this or by the secretary under regulations, contribution shall be treated an elective deferral made by the which is a designated roth if contributed to an applicable plan, or as a roth ira contribution made such individual, if contributed to a roth and such contribution shall not be taken account with respect to any applicable under 402(g)(1), 403(b), 408(b)(2)(b), 408a(c)(2), 414(v)(2 CARDINAL ), or 457(b)(2), and shall be disregarded purposes of sections 401(a)(4 CARDINAL ), 401(k)(3), and 416 CARDINAL . treatment of qualified plans, plan or arrangement to which a contribution is under this section shall not be treated as any requirement under section 401 LAW , 403 CARDINAL , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01364 fmt 6652 CARDINAL sfmt 6201 DATE or 457 CARDINAL solely by reason of accepting such erroneous in any contribution is paid under subsection (a)(2), a payment that is not made to an retirement savings vehicle, the amount of erroneous payment shall be treated as an of tax (other than for purposes part ii of subchapter a of chapter 68 LAW ) for taxable year in which the secretary the payment is erroneous. distribution of erroneous the case of a contribution to which (a) section 72 CARDINAL shall not apply to the of such contribution (and any attributable thereto) if such is received not later than the day by law (including extensions of for filing the return for taxable year, and any plan or arrangement from such a distribution is made under subparagraph shall not be treated as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01365 fmt 6652 CARDINAL sfmt 6201 any requirement under section 403 LAW , 408a CARDINAL , or 457 CARDINAL solely by reason of such distribution. provision by secretary of information to the case of an elected by an eligible individual to be contributed an account or plan under subsection (e)(2), the shall provide guidance to the custodian of the or the plan sponsor, as the case may be, detailing treatment of such contribution under subsection (f)(2) the reporting requirements with respect to such under section 131201(c)(2 LAW ) of the act to provide reconciliation pursuant to title ii of s. con. res. 14 CARDINAL . inflation in the case of any taxable beginning in a calendar year DATE after 2020 DATE , each the dollar amounts in subsections (a)(1) and shall be increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the calendar in which the taxable year DATE begins, by substituting year DATE for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01366 fmt 6652 CARDINAL sfmt 6201 year DATE in subparagraph (a)(ii) determined paragraph ( 1 CARDINAL ) shall be rounded to the nearest $ 100 MONEY in the case of an adjustment of amount in subsection (a)(1), and $ 1,000 MONEY in the case of an adjustment the amount in subsection treatment of certain payments to possessions with mirror tax secretary of the shall pay to each possession of the united states GPE has a mirror code tax system amounts equal the loss (if any) to that possession by reason of amendments made by section. such shall be determined by the secretary of the based on information provided by the of the respective possession. payments to other of the treasury shall pay to each of the united states GPE which does not have a code tax system amounts estimated by the of the treasury as being equal to the benefits (if any) that would have been provided 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01367 fmt 6652 CARDINAL sfmt 6201 CARDINAL residents of such possession by reason of the made by this section if a mirror code system had been in effect in such possession. preceding sentence shall not apply unless the possession has a plan, which has been by the secretary of the treasury ORG , under such possession will promptly distribute such to its residents. coordination with credit allowed united states income shall be allowed against united states income under section 6433 LAW of the internal revenue of 1986 DATE (as added by this section) to any to whom a credit is allowed against imposed by the possession by reason of amendments made by this section, or who is eligible for a payment under a described in paragraph ( 2 CARDINAL ). mirror code tax purposes this subsection, the term code tax means, with respect to any possession of the states, the income tax system of such if the income tax liability of the residents of possession under such system is determined by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01368 CARDINAL fmt 6652 sfmt 6201 to the income tax laws of the united as if such possession were the united states GPE . treatment of purposes section 1324 LAW of title 31 CARDINAL , united states code, the under this subsection shall be treated in same manner as a refund due from a credit referred to in subsection (b)(2) of such administrative 6211(b)(4 CARDINAL ) by striking and inserting and secretary of the amend form 5500 to require separate of the aggregate amount of received by the plan during the year under 6433 DATE of the internal revenue code of (as added by this section), and amend form 5498 DATE to require similar with respect to individual retirement (as defined in section 408 LAW of such and individual retirement annuities (as in section 408(b) of such code). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01369 fmt 6652 CARDINAL sfmt 6201 payment 1324(b)(2 CARDINAL ) of 31 CARDINAL , united states code, is amended by striking and inserting or conforming section 25b DATE is amended by striking (a) through (f) and inserting the following: payment of credit related to qualified retirement contributions, see section the table of sections for subchapter b of 65 CARDINAL is amended by adding at the end the new item: 6433 DATE . matching payments for elective deferral and ira contributions by effective amendments made by section shall apply to taxable years DATE beginning after 31, 2024. DATE 131202 DATE . deadline to fund ira with tax refund. in 219(f)(3 CARDINAL ) is by striking made not later and not later by striking the period at the end and and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01370 fmt 6652 sfmt 6201 by direct deposit by the pursuant to an election on the for such taxable year DATE to contribute all a portion of any amount owed to the to an individual retirement of the taxpayer, but only if the is filed not later than the date in clause effective amendments made by section shall apply to taxable years DATE beginning after 31, 2022. care access and 132001 DATE . child care access. a of title iv of the social security act ( 42 CARDINAL is amended by inserting after section the following: 418a PRODUCT . child care access. establishing state child care secretary shall a stakeholder engagement process to make about the development and of the state child care information networks be operated by the states, indian NORP tribes, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01371 fmt 6652 sfmt 6201 the stakeholder engagement process may parents, center-based child care providers, child care providers, child care policy trade associations, labor unions, and other representing child care providers. secretary may use funds available to the secretary for administrative to establish national technology models for child care information networks, and on development and establishment of data governance systems that address privacy allow for sharing and storing data across systems, including guidance on alignment state child care consumer education websites. data exchange standards and designation and use of data secretary in consultation with an interagency group established by the office of and budget and considering government perspectives, designate exchange standards for necessary of information that the child care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01372 DATE fmt 6652 CARDINAL sfmt 6201 network is required to exchange with another agency applicable federal law. data exchange standards be nonproprietary and data exchange standards under clause (i) shall, to the practicable, be nonproprietary and data exchange standards under subparagraph, the secretary shall, to extent practicable, interoperable standards and maintained by an voluntary consensus body, as defined by the office of and budget; interoperable standards and maintained by partnerships, such as the and and maintained by federal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01373 fmt 6652 CARDINAL sfmt 6201 with authority over and financial assistance. data exchange standards for secretary in consultation with an interagency group established by the office of and budget, and considering government perspectives, designate exchange standards to govern federal and applicable federal law. data reporting standards required by (i) shall, to the extent incorporate a widely nonproprietary, searchable, format; be consistent with and applicable accounting be implemented in a that is cost-effective and improves efficiency and effectiveness; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01374 fmt 6652 CARDINAL sfmt 6201 be capable of being upgraded as necessary. incorporation of designating data standards under this the secretary shall, to the extent incorporate existing standards. rule of in this subparagraph shall be to require a change to existing data standards for federal reporting this section if the secretary finds standards to be effective and efficient. state state meets requirements of this paragraph with respect to quarter DATE during the quarter DATE , the state has an up-to-date, publicly available of child care providers who are licensed, or regulated by the state (in section referred to as the child care that includes, with to each such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01375 fmt 6652 CARDINAL sfmt 6201 where the provider is located, and description of any fees imposed by the and the services offered by the whether the provider is providing care services that may be funded section 418 LAW ; the hours TIME of operation of the whether the provider offers child to the general public, and if so, where application for child care services from provider may be obtained, or a direct to such an application; the total number of children, by group, for whom the provider is child care services, and how many are available with the provider by group; whether the provider has a list for child care services, and if so, average length of time parents are on waiting list before being offered child services and how to join the list; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01376 fmt 6652 sfmt 6201 the type of child care (such as child care or center-based care) differentiating between licensed and child care providers; and about the spoken by staff of the child care and such other information as secretary may require to help parents whether the provider can meet child care needs and the parents can a child in care, such as quality or accreditation status; the state child care information by grant or contract, has been or jointly maintained a child care resource and agency that has operated in the fiscal year DATE ; a local child care resource referral agency that has operated the most recently completed fiscal and has applied to become a child information network; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01377 fmt 6652 CARDINAL sfmt 6201 the lead agency, the state entity, or other appropriate may have been maintained in with, or jointly with, other funded systems, so long as there is supplantation of funding; and has been publicly available, including the internet and by to families seeking information obtaining child care services; accessible to state, county, other government staff involved the provision of child care; the state requires each provider listed the state child care information network at the option of the provider, another entity by the provider) to update the described in clauses (v) and (vi) of (a) on a weekly DATE basis, and to update other information described in subparagraph not less frequently than quarterly DATE , and that publicly available information in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01378 fmt 6652 sfmt 6201 funding state child care information child care information network indicates the slot availability information about the was most recently updated; and the state has submitted to the a plan that includes an estimate of the capacity of licensed, regulated, and provider slots, and a description of the expenditures the state will make in the which may be submitted with other required by the secretary. start-up each fiscal year DATE in subparagraph (c), the secretary shall grants to lead agencies to conduct related to the planning and implementation state child care information networks, may include scaling systems such as non- family child care networks, and child resource and referral systems. secretary shall the grant funds to the states that are territories in accordance with the formula 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01379 fmt 6652 sfmt 6201 to in section 418(a)(2)(b), and to the according to relative need. of any money the treasury not otherwise appropriated, are appropriated secretary for each of fiscal years 2022 DATE and for grants under this paragraph. matching in secretary shall to each state that meets the requirements subsection (a)(4) with respect to a calendar in any of fiscal years 2022 DATE through an amount equal to 75 percent PERCENT of the expenditures of the state in the quarter DATE , to subsection (d)(3). eligible this the term means of the following, but only to the extent and not supplanting, funds available under other law: state child care information carry out (a)(4). ease of application for child care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01380 fmt 6652 CARDINAL sfmt 6201 to establish an option, as by the state in a plan describing eligible expenditures (which may submitted with other plans required by for a family to file an for a subsidized child care with a child care provider, for provider to submit the application the state for processing, or for the agency, a local child care and referral agency, or other under grant or contract to to the family; to establish a statewide application for child care, allows an application respect to a child to be simultaneously to multiple care providers; allows the application be for a particular site and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01381 fmt 6652 CARDINAL sfmt 6201 is considered an directly to each such involved for purposes of any of the provider regarding wait list or an open slot based the application date; safeguards information; and allows for such a to seek and collect not on the common so that the provider may the priority to be given the applicant on any waiting or for other specialized criteria such as disability or to enable child care to respond to families through application methods. needed to participate in the child care information for child care lead agencies, and contractors to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01382 fmt 6652 sfmt 6201 CARDINAL system-building and activities associated with the child care information network, data interoperability and the and maintenance of equipment software needed to develop, implement, and provide electronic access to state child care information network. participation to provide financial and support to child care providers whom participating in the state child information network would be costly time consuming. in providing the a lead shall take into account the burden on varying types of to ensure that the incentives sufficient to encourage all types of including family-based to participate in the state care information network; may coordinate with staffed child care networks, child resource and referral 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01383 fmt 6652 CARDINAL sfmt 6201 CARDINAL labor unions, labor-management or other community- organizations, to ensure that providers are able to in the state child care network; and may reimburse partners and other entities for associated with helping participate in the child care network and provide required under subsection of any money the treasury not otherwise appropriated, are appropriated to the secretary for each fiscal years 2022 DATE through 2026 CARDINAL such sums as necessary for grants under this paragraph. hhs participating child care provider in secretary maintain current information on child providers who are qualified to receive the participating child care provider for a calendar quarter DATE , and historical 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01384 fmt 6652 CARDINAL sfmt 6201 on child care providers who were so for a prior calendar quarter DATE , including quarter DATE in a prior year DATE , (in this section to as the participating child care based on the submitted by lead agencies; update the list of providers who are qualified, 1 month DATE before the end of each and electronically share with the revenue service current and historical on the providers who are so qualified; at the end of each calendar year and request of any provider listed in the hhs child care provider certification has qualified for the certification for an calendar quarter DATE , provide the provider and lead agency of the jurisdiction in which the is located written documentation of the with respect to which the provider was qualified. child care provider is to receive the hhs participating child provider certification for a calendar quarter DATE if 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01385 fmt 6652 sfmt 6201 is licensed with a state as a of child care services, or is in a license- category of providers that meets all and safety standards and has zero CARDINAL violations; is providing child care services that be funded under section 418 LAW ; has submitted to the state child information network, on a weekly DATE basis, information on all available child care slots the provider required under subsection and the waiting list information under subsection (a)(4)(a)(vi); makes child care slots available to the public, when available, subject to any explained priority system; and is in compliance with other set by the state regarding applications or inquiries about available child care slots; was so qualified for the entire 3- period preceding the most recent update under paragraph (1)(b). administrative 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01386 fmt 6652 CARDINAL sfmt 6201 CARDINAL accuracy secretary shall conduct accuracy checks of randomly child care providers participating in any child care information network to determine the providers are updating their slot on a weekly DATE basis, and if not, estimate the rate at which the providers are doing so. privacy; secretary shall guidance regarding data interoperability (in with the data exchange standards for and the privacy and security of identifiable information in any state child care network. penalty for excessive errors in child care information specified in subsection (b)(2)(a) with to a state shall be 70 percent PERCENT a check conducted under paragraph of this subsection reveals that the number child care providers erroneously included or not included in the state child information network is at least 10 CARDINAL of the number of providers included in the and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01387 fmt 6652 CARDINAL sfmt 6201 the state has not submitted to the a report demonstrating that action been taken to reduce that error rate to less 10 percent PERCENT . eligible secretary issue guidance to states which specifies the that will be considered eligible for purposes of this section. publication of amount of eligible of each issuing awards for fiscal year 2023 DATE or a succeeding year DATE , the secretary, in consultation with the shall annually DATE publish the amount of eligible of each state in the preceding fiscal of any funds in the not otherwise appropriated, there is $ 50,000,000 MONEY for each of fiscal years 2022 DATE through for administrative expenses in carrying out (c) and 132002 DATE . infrastructure grants to improve care safety. a of title iv of the social security act ( 42 DATE is further amended by inserting after 418a PRODUCT the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01388 fmt 6652 CARDINAL sfmt 6201 CARDINAL 418b PRODUCT . infrastructure grants to improve child safety. child care facilities grants to in secretary shall grants to states for the purpose of child care providers acquire, construct, or improve child care facilities, including reconfiguring, or expanding facilities. duration of shall award grants under this paragraph 12 months DATE after the date of the of this section, for a period of not more 5 years DATE . plan approval required before state to which a grant is under this paragraph shall not obligate or the grant funds unless the state has to the secretary, and the secretary approved, a plan includes an analysis or in such form and manner as the may require, of the need of the for child care infrastructure; is submitted at such time, in manner, and containing such other 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01389 fmt 6652 CARDINAL sfmt 6201 DATE as the secretary may require, information be disaggregated as the may require; and include a plan to use a of the grant funds to report to secretary on the effects of using grant funds to improve child care including center-based and child care facilities; and complies with paragraph ( 3 CARDINAL ), if allocating grants under this paragraph, the secretary require approved plans to include elements provide for center- and home-based child care programs meet or surpass state health and safety or include a project designed so a facility is expected to meet or state health and safety standards on of the project; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01390 fmt 6652 sfmt 6201 aim to meet specific needs across suburban, or rural areas as by the state; show evidence of collaboration local government officials; other state agencies; nongovernmental such certified community financial institutions defined in section 103 LAW of the development and financial institutions of 1994 DATE ( 12 u.s.c QUANTITY . 4702 CARDINAL ) have been certified by the development institutions fund ( 12 u.s.c QUANTITY . and demonstrated providing or financial assistance the acquisition, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01391 fmt 6652 CARDINAL sfmt 6201 CARDINAL renovation, or of child care facilities; providing financial, or assistance to child care and securing private of capital financing child care facilities or community projects eligible for from a child care program; and local community such child care providers; community care and resource and referral labor unions and other that pay the prevailing and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01392 fmt 6652 sfmt 6201 provide for improving the of child care providers who qualify for hhs participating child care certification for at least 1 CARDINAL fiscal before the date of application for grant. matching in a condition of receipt of a grant under this a state shall agree to make directly or through donations from or private entities, contributions respect to the costs to be covered by grant, which may be provided in cash in kind, in an amount equal to 10 CARDINAL of the funds provided through the determination of amount a matching may include philanthropic or funds. amount annual amount a grant under this paragraph may not exceed 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01393 fmt 6652 CARDINAL sfmt 6201 CARDINAL secretary may as a condition of making a grant under paragraph or section 418d LAW , retain an in any property, including any project a privately-owned family child care or tribal land. later than 6 months the last day DATE of the grant period, a state which a grant is made under this paragraph submit to the secretary the report to in subparagraph to determine the effects of the in constructing, renovating, or child care facilities, including any in response to public health or efforts associated with natural emergency preparedness and and any effects on access to child and to provide such other information the secretary may require. return of grant if plan not within 2 CARDINAL state to which a is made under this paragraph shall remit grant to the secretary if the secretary has 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01394 fmt 6652 CARDINAL sfmt 6201 provided the approval required by (c) within 2 years DATE after the date the is made. grants to intermediary in secretary may grants to intermediary organizations, as certified community development institutions or other organizations with experience in child care facilities for the purpose of providing technical and to develop or finance child care grant under this may be made only to an organization that submits to the an application at such time, in such and containing such information as the may require, that complies with ( 3 CARDINAL ) if applicable. selecting organizations for grants under this the secretary shall conduct with organizations 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01395 fmt 6652 CARDINAL sfmt 6201 demonstrate experience in child facility financing or related facility financing; demonstrate the capacity to states and local governments in child care facilities and programs; demonstrate the ability to grant funding to support financing to build the capacity of child care such as through credit propose to focus on child care that operate under nontraditional propose to meet a diversity of across urban, suburban, and rural at varying types of center-based, and other child care settings, early care programs located in in which the care center is the occupant or in mixed-use properties; propose to focus on child care primarily serving low-income 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01396 fmt 6652 sfmt 6201 and children who have not 13 years of age DATE . amount amount of a under this paragraph may not exceed annual DATE report a of receiving funds under this the recipient shall submit annual DATE reports the lead agency of the jurisdiction in which recipient is located documenting how the has expended the funds and updating planned future expenditures described in application submitted by the recipient for funds. labor the case of an for a grant under this subsection for a to construct, renovate, or improve a child facility, including a project to adapt, or expand such a facility, the application include a written assurance that all laborers mechanics employed by contractors or in the performance of construction, or repair, as part of the project, shall be wages at rates not less than those prevailing on work in the locality as determined by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01397 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL of labor in accordance with subchapter of chapter of part a of subtitle ii of title 40 DATE , states code (commonly referred to as the and with respect to the labor specified in such subchapter, the of labor shall have the authority and set forth in reorganization plan numbered 14 1950 DATE ( 15 CARDINAL fed. reg PERSON . 3176 CARDINAL ; 5 u.s.c QUANTITY . app.). use of infrastructure in recipient of under this subsection may use the only to acquire, construct, renovate, otherwise physically improve the of a building primarily used for provision of child care services by a care provider, subject to clause (ii). recipient of under this subsection may not use funds for modernization, renovation, or of that are primarily used for instruction or religious or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01398 DATE fmt 6652 sfmt 6201 in which a substantial of the functions of the facilities subsumed in a religious mission. rules applicable to lead lead agency that is a recipient of under this subsection may use not more 5 percent of the funds for administrative which may be in addition to evaluation reporting activities, and shall use the of the funds to enter into grants or on a competitive basis, with entities to out projects to acquire, construct, or complete other physical improvements buildings in which child care services are or will be provided on completion of project. of any funds in the not otherwise appropriated, there is $ 15,000,000,000 MONEY for fiscal year 2022 DATE to carry out section, which shall remain available through fiscal 2026 DATE . reservations of secretary shall $ 100,000,000 MONEY of the amount made available to out this section, for grants to territories. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01399 fmt 6652 CARDINAL sfmt 6201 CARDINAL secretary may not more than $200,000,000 MONEY of the amount available to carry out this section, for costs. secretary shall reserve for each lead not more than $100,000 MONEY to conduct and develop plans for obligating and funds provided under this section, which may be by a lead agency immediately on receipt. data exchange standards for secretary may reserve not more $ 200,000 MONEY of the amount made available to out this section to implement data exchange for interoperability. limitation on availability of funds for for intermediary more $ 2,250,000,000 MONEY of the total amount made available carry out this section may be used to carry out 132003 DATE . technical assistance. a of title iv of the social security act ( 42 DATE is further amended by inserting after 418b PRODUCT the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01400 CARDINAL fmt 6652 CARDINAL sfmt 6201 418c ORDINAL . technical assistance. in child care information secretary shall provide technical assistance to agencies to support the development and of, and ongoing full participation in, state care information networks provided for in 418a(a)(4). child care shall provide technical to child care small business owners, nonprofit organizations, and care infrastructure grant recipients, for purpose of starting new licensed child care or re-opening a closed child care in areas in which there is a child care or that are at risk of having such a to state and local governments to public-private partnerships to excess buildings and land and conduct studies, for new or expanded child care that could be available to child care and grantees, or for publicly-run child care facilities; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01401 fmt 6652 sfmt 6201 to support child care business assistance, which may include strategies to management training and shared initiatives including provider networks such child care center alliances and family child home provider networks, as well as business support needs such as and fiscal management skills, business understanding the cost of quality, and best business practices such as and payment reconciliation. supplementing national technical secretary may provide assistance to states (and submit to the reports on technical assistance activities) increase child care availability and affordability, providing technical assistance on best for conducting market rate surveys establishing state reimbursement rates and rates for child care for children have not attained 13 years of age DATE ; increasing child care availability in communities for families with children have not attained 13 years of age DATE ; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01402 fmt 6652 sfmt 6201 improving the effectiveness and of child care assistance programs in the needs of low-income parents; or collecting, managing, analyzing, and child care administrative data, and the data to support documentation of in child care availability and administrative secretary carry out this section through means including the of grants or cooperative agreements. of any funds in the not otherwise appropriated, there is $ 17,500,000 MONEY for each of fiscal years 2022 DATE through to carry out this 132004. tribal child care access and growth. a of title iv of the social security act ( 42 DATE is further amended by inserting after 418c ORDINAL the following: 418d PRODUCT . tribal child care access and growth. hhs consultations with indian NORP the amount appropriated under subsection (e) for each year DATE , the secretary shall use not more than 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01403 fmt 6652 CARDINAL sfmt 6201 in this subsection are the following: conduct such consultations with indian NORP and tribal organizations as are necessary to how to better conduct consumer outreach education and provide timely availability for care slots, improve child care infrastructure, otherwise inform best practices and guidelines carrying out the activities described in subsection and provide technical assistance to the lead of indian NORP tribes and tribal organizations respect to carrying out the activities. activities activities planning, start-up, implementation, and costs associated with establishing and a child care information network designed help parents determine which child care providers meet their child care needs and to give parents of access in enrolling their children in child coordinating with the secretary regarding hhs participating child care provider provided for in section 418a(c). conducting infrastructure projects to the safety of child care facilities. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01404 fmt 6652 sfmt 6201 in the amount under subsection (e) for each fiscal year DATE , the shall use not less than $199,000,000 MONEY to grants to the lead agencies of indian NORP tribes tribal organizations for activities described in (b), which are to be carried out in with such rules as the secretary may prescribe, into account the results of the consultations under subsection (a)(1). secretary may make under this subsection according to relative entity to which an is provided under this section shall use the to supplement, but not supplant, other funds for any purpose or activity for which the amount used. of any funds in the not otherwise appropriated, there is to the secretary $ 200,000,000 MONEY for each of fiscal 2022 DATE through 2026 to carry out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01405 DATE fmt 6652 sfmt 6201 132005 DATE . raising the floor for child care wages. planning for child care wage grants for in the purpose of an effective and diverse child care workforce, upon enactment, through the end of fiscal 2022 DATE , the secretary of health and human shall, regarding the development and of the child care wage grant program for in section 418e LAW of the social security (as added by subsection (b) of this issue guidance or technical assistance lead agencies (as defined in such section) respect consultation with field engagement (as defined in such section); wage supplement calculations, the option of providing a bonus that not be more than the equivalent of an wage; application requirements; reporting requirements; and other related activities; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01406 fmt 6652 CARDINAL sfmt 6201 DATE engage in hiring, training, developing plans, developing outreach materials, and administrative overhead activities; and consult with relevant entities such as leaders, governors, county and local and community stakeholders. of any money in the not otherwise appropriated, there is to the secretary of health and human $ 10,000,000 MONEY , to remain available through 30, 2022 DATE , to carry out this paragraph. a of title iv of the security act ( 42 u.s.c QUANTITY . is further amended inserting after section 418d LAW the following: 418e CARDINAL . child care wage grants for small grants to lead in secretary shall grants to reimburse state, tribal, and lead agencies for the amount of child wage grants made to qualifying child care under lead agency child care wage programs, and for documented costs of the programs that are directly 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01407 fmt 6652 sfmt 6201 to determining provider eligibility, making data collection, and verifying compliance with program rules. limitation on reimbursement documented administrative amount of the reimbursement for the administrative costs shall not exceed 5 CARDINAL of the total amount of the child care grants. consultation required as a of lead agency shall not be for a grant under this section with respect a child care wage grant program unless the lead has consulted with field engagement in developing and implementing the program, application process, eligibility community outreach, and such other aspects the program as the secretary deems appropriate, if, after the consultation, the lead agency to operate a child care wage grant program small businesses, the lead agency shall submit to secretary a certification that the lead agency has such a consultation and intends to submit claim for reimbursement with respect to program at the end of the fiscal year. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01408 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL state child care wage grant in lead agency child care grant program is a program operated by a lead under which a child care wage grant is made qualified child care providers for the 1-year DATE period by the grant, in an amount equal to the of the eligible child care wage supplements by the qualified child care provider during year, which year shall not begin before october 2022 DATE . reporting in recipient of a child wage grant from a lead agency shall to the lead agency every fiscal quarter DATE a that includes documentation of how the has been expended including the number full or part-time workers providing child care whether each such worker worked for the year DATE , a description of the wage levels and of the child care employees of the child care provider, and such other as the secretary may require, and allow field engagement organizations to grant recipients in meeting quarterly DATE requirements. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01409 fmt 6652 sfmt 6201 authority to extend lead agency may approve a request such a recipient to extend the reporting for 90 days DATE , but shall accompany such approval with a notice that failure to submit information required in the report will result future ineligibility for such a grant. reimbursement; advance estimated lead agency may submit to the secretary a for reimbursement or estimated advance payment of costs of operating the lead agency child care wage program for the 1-year DATE period covered by the which shall include documentation of the grant made to qualified child care providers under the an assurance that not more than 5 percent PERCENT of costs in the reimbursement request are for costs, an assurance that the state will repay any based on payments to child care providers that in excess of costs allowable under this section payments for workers who did not work for the full or based on state administrative costs in excess of percent, and the following: qualified child care provider application including the number of qualified child care and the proportion of applications that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01410 fmt 6652 CARDINAL sfmt 6201 approved under the program, documentation of applications, including the reason for and demographic data of applicants. qualified child care provider wage subsidy including wage levels, the size and type of the child care provider, the number of children by qualified child care provider, that the child care wage grant provided the qualified child care provider was not used to federal funds, verification that the child care provider performs child care services the primary function of the qualified child care verification that qualifying child care applications are approved for 1 year DATE , and of the number of full-time and part-time care employees (which may include sole including the portion of the year DATE for which employee was employed with that provider to child care. certification that each qualified child care is not eligible to receive a child care payroll credit under section 3135 LAW of the internal code of 1986 DATE with respect to wages paid to any care employee of the qualified child care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01411 DATE fmt 6652 CARDINAL sfmt 6201 qualified child care provider demographic including racial, ethnic, and gender data of the child care provider and child care documentation of qualified child care wages, and documentation of child care wages in the absence of a grant made under this would have been paid at not less than the minimum rate. documentation that each qualified child provider is licensed by, registered with, or by the state. documentation that each qualified child provider was so qualified throughout the year DATE respect to which reimbursement is sought. documentation that each employee for a grant is sought was employed for the full or if not, for what portion of the year DATE they such other relevant items as the secretary employed. require. misuse of child care wage the secretary finds that a qualified child care has used funds provided under this section 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01412 fmt 6652 CARDINAL sfmt 6201 CARDINAL respect to a year other than to supplement the minimum rate of child care wages for an engaged in child care work for the reported the qualified child care provider repay to the lead agency all funds so to the child care provider for the year DATE ; be ineligible for the succeeding 2 CARDINAL to receive funds made available under this decrease in number of child care a recipient of a child care wage for a year DATE reports under subsection (b)(2)(a) the number of child care employees of the has decreased during the year DATE , the lead agency shall proportionately the amount of the child care wage (if any) payable to the recipient for the year DATE ; or if the recipient is not awarded a child wage grant for the next year DATE , the recipient remit to the lead agency a portion of the equal to the proportionate decrease in the of child care employees of the provider. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01413 fmt 6652 CARDINAL sfmt 6201 of any money in the not otherwise appropriated, there is to the secretary for each of fiscal years 2023 DATE 2026 DATE such sums as may be necessary for or estimated payments referred to in (a). this section: applicable minimum term minimum means the rate at which pay is payable for a position at level 3 CARDINAL , step of the general schedule under subchapter iii of 53 CARDINAL of title 5 CARDINAL , united states code, including applicable locality-based comparability payment section 5304 of such title or similar authority, the time such wages are paid and determined respect to the locality in which services are child care term wages paid to an employee for in providing child care; and an draw in lieu of wages, in case of a sole proprietor who provides child services or an owner who directly provides care services alongside employees. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01414 CARDINAL fmt 6652 CARDINAL sfmt 6201 child care term means an who is employed by a qualified child provider; who provides child care services as a function of employment; and whose wages do not qualify under 3135(a) of the internal revenue code 1986 DATE . eligible child care wage in term care wage means, with to a year DATE , a supplement to child care of an employee (or owner), but only to extent that the total amount of the child wage supplements provided to the (or owner) during the in the case of a full-time (or an owner who works on a full- basis), is not more than $16,000 MONEY ; or in the case of a part-time (or an owner who works on a part- basis), is not more than $10,000 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01415 fmt 6652 sfmt 6201 the case of any employee who is not as a child care employee for the full the maximum dollar amounts set forth in preceding sentence shall be proportionately inflation amount in effect under subparagraph (a) respect to a year shall be increased by a equal to the percentage (if any) by the consumer price index for all urban ( u.s. city GPE average) increased during 12-month DATE period ending with the last month DATE which consumer price index data is field engagement term engagement means any organization, trade association, staffed family child care child care resource and referral or local government entity with experience representation, technical assistance, or supports to child care providers or seeking to enter or re-enter the child care 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01416 CARDINAL fmt 6652 sfmt 6201 qualified child care child care means an entity provides child care services as the function of the entity; is registered with, or regulated or by, the state as a child care provider; at the time of application for a child wage grant under this section, does not an unresolved violation of a state law or pertaining to health or safety in the of child care services; has at least 1 CARDINAL employee whose wages not be taken into account under section of the internal revenue code of 1986 DATE the employee is a sole proprietor or self-employment income; as of the time of the application, pays care wages at a rate that is at least the minimum rate, and certifies that the will not reduce the hourly TIME wage rate of employee during the 1-year DATE period for the entity has applied for a child care grant under this section; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01417 DATE fmt 6652 sfmt 6201 has submitted to the lead agency all requested by the secretary under this and has submitted the application to the agency, which has approved the has not failed to include all required to be included in any quarterly DATE required by subsection (b)(2) to be by the entity with respect to the year the year DATE for which the application is 132006 DATE . common provisions. 419 CARDINAL of the social act ( 42 u.s.c QUANTITY . 619 CARDINAL ) is amended by adding at the end following: lead term with respect to a jurisdiction, the lead responsible for administering the child care program of the jurisdiction. term means commonwealth ORG of puerto rico GPE , the united virgin islands, guam GPE , american NORP samoa, and commonwealth ORG of the northern mariana 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01418 fmt 6652 CARDINAL sfmt 6201 DATE reports to the 411 CARDINAL of act ( 42 u.s.c QUANTITY . 611 CARDINAL ) is amended by adding at the the following: reports on certain state child care secretary shall submit to the on ways and means of the house of and the committee on finance of the senate biennial eligible expenditures (as defined in section by the states, and on expenditures the secretary under section 418a LAW during the covered by the report; the extent to which payments under 418a PRODUCT have been made with respect to the to the extent that any funds made to carry out such section have not been the reasons therefor; and expenditures under section inapplicability of payment 1108(a) of such act ( 42 u.s.c QUANTITY . 1308(a)) is by inserting 418b CARDINAL , 418c ORDINAL , 418d FAC , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01419 fmt 6652 CARDINAL sfmt 6201 CARDINAL adjustment 133001 DATE . short title. subtitle may be cited as the adjustment modernization act of 133002 DATE . application of provisions relating to adjustment assistance. effective date; as provided in this subtitle, the provisions of 2 CARDINAL through 6 CARDINAL of title ii of the trade act of 1974 DATE , as effect on june 30, 2021 DATE , and as amended by this act; and take effect on the date of the enactment of apply with respect to petitions for filed under chapter 2 LAW , 3 DATE , 4 DATE , or 6 CARDINAL of title ii of trade act of 1974 DATE on or after such date of as otherwise provided in subtitle, whenever in this subtitle an amendment or is expressed in terms of an amendment to, or repeal a provision of chapters 2 CARDINAL through 6 CARDINAL of title ii of the act of 1974 DATE , the reference shall be considered to made to a provision of any such chapter, as in effect june 30, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01420 fmt 6652 CARDINAL sfmt 6201 CARDINAL repeal of 406 CARDINAL of the adjustment assistance reauthorization act of (public law 129 CARDINAL stat. 379 CARDINAL ) is repealed. adjustment assistance for 133101 DATE . filing petitions. 221(a)(1) of the trade act of 1974 DATE (19 2271(a)(1)) is by amending subparagraph (a) to read as and one CARDINAL or more workers in the group of in subparagraph (c), by striking a dislocated worker and inserting state worker unit, or workforce intermediaries, labor-management organizations that carry re-employment and training 133102 DATE . group eligibility requirements. in 222(a)(2 DATE ) of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2272(a)(2)) is in subparagraph in clause (i), by inserting failed to or will decrease absolutely due to a or imminently anticipated, long-term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01421 fmt 6652 CARDINAL sfmt 6201 in or reallocation of the production of the after and in clause by striking the and any decline or absence of and by striking at the end; in subparagraph (b)(ii), by striking the at the end and inserting and by adding at the end the following: the sales or production, or both, of such have decreased; exports of articles produced or services by such firm have decreased; or imports of articles or services necessary the production of articles or services supplied by firm have decreased; and the decrease in exports or imports in clause (ii) contributed to such or threat of separation and to the decline the sales or production of such 222 CARDINAL of the trade act of 1974 DATE u.s.c. 2272) is in subsections (a) and (b), by striking each place it appears; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01422 fmt 6652 sfmt 6201 in subsection by striking paragraph ( 1 CARDINAL ); and by paragraphs ( 4 CARDINAL ) as paragraphs ( 1 CARDINAL ) through ( 3 CARDINAL ), eligibility of staffed workers and 222 CARDINAL of the trade act of 1974 DATE (19 2272), as amended by subsection (b), is further by adding at the end the following: treatment of staffed workers and in purposes of subsection workers in a firm include staffed workers and this subsection: staffed means a worker who performs under the operational control of a firm is the subject of a petition filed under 221 CARDINAL , even if the worker is directly by another firm. means a worker who works remotely who reports to the location listed for a firm a petition filed under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01423 CARDINAL fmt 6652 CARDINAL sfmt 6201 133103 DATE . application of determinations of to workers employed by 223 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is amended by adding at the end the following: treatment of workers of successors-in- the secretary certifies a group of workers a firm as eligible to apply for adjustment assistance this chapter, a worker of a successor-in-interest to firm shall be covered by the certification to the same as a worker of that 133104 DATE . provision of benefit information to is 225 CARDINAL of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . in subsection (a), by inserting after the sentence the following new sentence: shall make every effort to provide such and assistance to workers in their native and in subsection by redesignating paragraph ( 2 CARDINAL ) as by inserting after paragraph ( 1 CARDINAL ) the ( 3 CARDINAL ); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01424 fmt 6652 CARDINAL sfmt 6201 the secretary shall provide a second ORDINAL notice to worker described in paragraph ( 1 CARDINAL ) before the worker has all rights to any unemployment insurance to the worker is entitled (other than additional described in section 231(a)(3)(b) funded by a and not reimbursed from federal in paragraph ( 3 CARDINAL ), as redesignated by ( 1 CARDINAL ), by striking of and or digital and by adding at the end the following: for purposes of providing sustained outreach the benefits available under this chapter to covered by a certification made under this subchapter, secretary may take any necessary actions, including following: collecting the email addresses and numbers of such workers from the employers such workers to provide sustained outreach to workers. partnering with the certified or recognized a community-based worker organization, or duly authorized representatives of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01425 DATE fmt 6652 CARDINAL sfmt 6201 hiring peer support workers to perform outreach to other workers covered by that using advertising methods and public campaigns, including social media, in to notice published in print or digital outlets paragraph 133105 DATE . qualifying requirements for workers. modification of in 231(a) of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2291(a)) is by striking paragraph ( 2 CARDINAL ); by redesignating paragraphs ( 3 CARDINAL ), ( 4 CARDINAL ), ( 5 CARDINAL ) as paragraphs ( 2 CARDINAL ), ( 3 CARDINAL ), and (4), and in paragraph ( 4 CARDINAL ) (as redesignated), by (1) and each place it and inserting conforming section of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . 2292) is by striking each section 233(a) of the trade act of 1974 DATE u.s.c. 2293(a)) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01426 fmt 6652 CARDINAL sfmt 6201 in paragraph ( 1 CARDINAL ), by striking and in paragraph by striking affected and all that follows through and inserting employment by striking and inserting period; and by striking subparagraph (b). waivers of training 231(c)(1) of the trade act of 1974 DATE (19 u.s.c. is by redesignating subparagraphs (a), (b), (c) as subparagraphs (c), (d), and (e), and by inserting before subparagraph (c) (as the following: worker has been that the worker will be recalled by the firm which the separation occurred. worker is within years DATE of meeting all requirements for to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01427 fmt 6652 CARDINAL sfmt 6201 DATE old-age insurance benefits under ii of the social security act ( 42 401 CARDINAL et seq.) (except for application or a private pension sponsored by employer or labor 133106. modification to trade readjustment 233 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is in subsection in paragraph ( 2 CARDINAL ), by inserting after the following: in the of an adversely affected worker who a program of prerequisite education or education (as described section in order to complete training for the worker under section 236 LAW , the in paragraph ( 3 CARDINAL ), by striking weeks DATE in the 78-week DATE and additional weeks in the 91-week DATE and in the flush text, by striking and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01428 fmt 6652 CARDINAL sfmt 6201 by striking subsection (d); and by amending subsection (f) to read as payment of trade readjustment to complete any provision of this section, in order to assist an affected worker to complete training approved for worker under section 236 LAW that includes a program of education or remedial education (as described section 236(a)(5)(d)), and in accordance with prescribed by the secretary, payments may be made trade readjustment allowances for up to 26 CARDINAL additional in the 26-week DATE period that follows the last week DATE of to trade readjustment allowances otherwise under this 133107 DATE . automatic extension of trade allowances. in i of subchapter b of chapter of title ii of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . 2291 seq.) is amended by inserting after section 233 LAW the new section: 233a PRODUCT . automatic extension of trade allowances. in the limitations section 233(a), the secretary shall extend the period 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01429 fmt 6652 CARDINAL sfmt 6201 which trade readjustment allowances are payable an adversely affected worker who completes training under section 236 LAW by the secretary during a period heightened unemployment with respect to the state in such worker seeks benefits, for the shorter the 26-week DATE period beginning on the date completion of such training; or the period ending on the date on which the affected worker secures employment. job search worker shall only eligible for an extension under subsection (a) if the is complying with the job search requirements with unemployment insurance in the applicable period of heightened unemployment this section, the term of heightened with respect to a state means a 90-day DATE during which, in the determination of the either of the following average rates equals or 5.5 percent PERCENT : the average rate of total unemployment in state (seasonally adjusted) for the period of the most recent 3-month DATE period for which for all states are published before the close of period. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01430 fmt 6652 CARDINAL sfmt 6201 the average rate of total unemployment in states (seasonally adjusted) for the period of the most recent 3-month DATE period for which for all states are published before the close of clerical table of contents the trade act of 1974 DATE is amended by inserting after item relating to section 233 CARDINAL the following: 233a PRODUCT . automatic extension of trade readjustment 133108 DATE . employment and case management 235 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is in paragraph by inserting after the information about apprenticeship programs, on-the-job opportunities, and other work-based and by inserting after following: regarding the record of a training ability to place participants into suitable ( 10 CARDINAL ); and by redesignating paragraph (8) as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01431 fmt 6652 CARDINAL sfmt 6201 by inserting after paragraph ( 7 CARDINAL ) the information related to direct job including facilitating the extent to which within the community commit to employing who would benefit from the employment and management services under this section. sustained outreach to groups of workers to be certified as eligible for adjustment under this chapter and members of certified groups who have not yet applied for or been in benefits or services under this chapter, such groups and members from 133109 DATE . training. is in subsection 236 CARDINAL of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . in paragraph (1)(d), by inserting a demonstrated ability to place into before the comma at end; in paragraph ( 3 CARDINAL ), by adding at the end the period the following: except that effort shall be made to ensure that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01432 fmt 6652 CARDINAL sfmt 6201 CARDINAL opportunities are available upon the of and in paragraph in subparagraph (g), by striking and inserting a comma; in subparagraph (h)(ii), by the period at the end and inserting and by adding at the end before the text the following: pre-apprenticeship and by adding at the end the following: reimbursement for out-of-pocket the secretary approves training for worker under paragraph ( 1 CARDINAL ) of subsection (a), the may reimburse the worker for out-of-pocket relating to training program described in (5) of that subsection that were incurred by the on and after the date of the total or separation and before the date on which the of eligibility under section 222 LAW that covers the is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01433 fmt 6652 CARDINAL sfmt 6201 133110 DATE . job search, relocation, and child care job search 237 CARDINAL of the act of 1974 DATE ( 19 u.s.c QUANTITY . 2297) is in subsection (a)(1), by striking use made available to the state to carry out 235 CARDINAL through and inserting use, funds made available to the state to carry out 235 CARDINAL through 238a CARDINAL , such amounts as may be in subsection (a)(2), in the matter subparagraph (a), by striking inserting and in subsection in paragraph ( 1 CARDINAL ), by striking than 90 CARDINAL and inserting in paragraph ( 2 CARDINAL ), by striking inserting (subject to adjustment paragraph and by adding at the end the following; adjustment of maximum allowance for in secretary of shall adjust the maximum allowance under paragraph ( 2 CARDINAL ) on the date that is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01434 fmt 6652 CARDINAL sfmt 6201 days DATE after the date of the enactment of this and at the beginning of each fiscal thereafter, to reflect the percentage (if of the increase in the average of the price index for the preceding 12-month DATE compared to the consumer price index fiscal year 2020 DATE . special rules for calculation making an adjustment subparagraph (a), the shall round the amount of any in the consumer price index to the dollar; and than 1 percent PERCENT . may ignore any such increase of consumer price index purposes of this paragraph, the term price means the consumer price for all urban consumers published by bureau of labor statistics of the of relocation 238 CARDINAL of the act of 1974 DATE ( 19 u.s.c QUANTITY . 2298) is in subsection (a)(1), by striking use made available to the state to carry out 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01435 fmt 6652 CARDINAL sfmt 6201 235 CARDINAL through and inserting use, funds made available to the state to carry out 235 CARDINAL through 238a CARDINAL , such amounts as may be in subsection (a)(2), in the matter subparagraph (a), by striking be and inserting be in subsection in paragraph ( 1 CARDINAL ), by striking than 90 CARDINAL and inserting and in paragraph ( 2 CARDINAL ), by striking inserting (subject to adjustment subsection and by adding at the end the following: adjustment of maximum payment in secretary of labor adjust the maximum payment limitation under (b)(2) on the date that is 30 days DATE after date of the enactment of this subsection, and at beginning of each fiscal year DATE thereafter, to the percentage (if any) of the increase in the of the consumer price index for the for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01436 fmt 6652 CARDINAL sfmt 6201 12-month DATE period compared to the consumer index for fiscal year 2020 DATE . special rules for calculation of making an adjustment under ( 1 CARDINAL ), the shall round the amount of any in the consumer price index to the dollar; and 1 percent PERCENT . may ignore any such increase of less consumer price index of this subsection, the term means the consumer price index for urban consumers published by the bureau of statistics of ORG the department of child care in ii of subchapter b of 2 CARDINAL of title ii of the trade act of 1974 DATE (19 2295 et seq.) is amended by adding at the the following: 238a CARDINAL . child care allowances. child care allowances in state shall use, from made available to the state to carry out 235 CARDINAL through 238a CARDINAL , such amounts as may be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01437 fmt 6652 sfmt 6201 to allow an adversely affected worker by a certification issued under subchapter a of chapter to file an application for a child care with the secretary, and the secretary may the child care allowance, subject to the terms conditions of this section. conditions for granting child care allowance shall be granted if allowance will assist an adversely affected worker attend training or seek suitable employment, by for the care of one CARDINAL or more of the minor of the worker. amount of child care granted to a worker under subsection (a) shall exceed $ 2,000 MONEY per minor dependent per year. adjustment of maximum allowance for in secretary of labor adjust the maximum allowance limitation under (b) on the date that is 30 days DATE after the of the enactment of this subsection, and at the of each fiscal year DATE thereafter, to reflect percentage (if any) of the increase in the average the consumer price index for the preceding 12- 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01438 fmt 6652 sfmt 6201 period compared to the consumer price for fiscal year 2020 DATE . special rules for calculation of making an adjustment under ( 1 CARDINAL ), the shall round the amount of any in the consumer price index to the dollar; and 1 percent PERCENT . may ignore any such increase of less consumer price index of this subsection, the term means the consumer price index for urban consumers published by the bureau of statistics of ORG the department of conforming limitations on administrative and employment and case 235a PRODUCT of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2295a DATE ) is amended in matter preceding paragraph ( 1 CARDINAL ) by striking and inserting 236(a)(2 CARDINAL ) of the act of 1974 DATE ( 19 u.s.c QUANTITY . 2296(a)(2)) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01439 fmt 6652 sfmt 6201 in subparagraph (a), by striking and and in subparagraph (b), by striking each place it appears and and in subparagraph (c)(i), by and inserting and and in subparagraph (c)(v), by and inserting and in subparagraph (e), by striking each place it appears and and clerical table of for the trade act of 1974 DATE is amended by after the item relating to section 238 CARDINAL the new item: 238a CARDINAL . child care 133111 DATE . agreements with states. 239(f) of the trade act 1974 DATE ( 19 u.s.c QUANTITY . 2311(f)) is by striking any and the following: any and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01440 fmt 6652 CARDINAL sfmt 6201 by adding at the end the following: in arranging for training programs to be out under this chapter, each cooperating agency shall, among other factors, take into and measure the progress of the extent to such achieve a satisfactory rate of and placement in jobs that provide a living and that increase economic security; assist workers developing the networks, and experiences necessary to along a career path; assist workers from underserved to establish a work history, success in the workplace, and develop skills that lead to entry into and retention unsubsidized employment; and adequately serve individuals who face greatest barriers to employment, including with low incomes, people of color, persons with disabilities, and formerly individuals. each cooperating state agency shall joint cooperation between training programs, of workers, employers, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01441 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL especially in underserved rural and urban to ensure a fair and engaging workplace that the priorities and well-being of workers the needs of businesses. each cooperating state agency shall seek, through agreements and training programs in this subsection, to ensure the of adversely affected workers upon completion training as described in section 239(g) of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2311(g)) is by paragraphs ( 1 CARDINAL ) through (4) as ( 3 CARDINAL ) through (6), respectively; and paragraph ( 5 CARDINAL ) as paragraph (8); by inserting before paragraph ( 3 CARDINAL ) (as the following: review each layoff of more than 5 CARDINAL workers a firm to determine whether trade played a role the layoff and whether workers in such firm are eligible to receive benefits under this perform sustained outreach to firms to and assist with filing petitions under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01442 fmt 6652 sfmt 6201 and collecting necessary supporting in paragraph ( 3 CARDINAL ) (as redesignated), by applies for unemployment insurance inserting under paragraph ( 1 CARDINAL ) of insurance benefits in paragraph ( 4 CARDINAL ) (as redesignated), by assist after in paragraph ( 6 CARDINAL ) (as redesignated), by at the end; the following: by inserting after paragraph ( 6 CARDINAL ) (as perform sustained outreach to workers underserved communities and to firms that a majority or a substantial percentage of from underserved communities and develop a in consultation with the secretary, for common barriers to receiving services that such have in paragraph (8) (as redesignated), by provided to carry out this chapter are to make such services available, make to make such services available through federal and inserting are needed beyond what this chapter can 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01443 fmt 6652 CARDINAL sfmt 6201 make arrangements to coordinate such available through other federal ; by adding at the end the following: develop a strategy to engage with local development institutions, including local colleges and other educational and develop a comprehensive strategy to agency staffing to support the requirements of ( 1 CARDINAL ) through 239 CARDINAL of the trade act of ( 19 u.s.c QUANTITY . 2311) is amended by striking subsection and inserting the following: agreement entered into under section shall provide that the cooperating state or state agency shall require that any individual in functions (other than functions that are not governmental) to carry out the trade assistance program under this chapter shall be a employee covered by a merit system of personnel 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01444 fmt 6652 CARDINAL sfmt 6201 133112 DATE . reemployment trade adjustment program. 246(a) of the trade act of 1974 DATE (19 u.s.c. is paragraph by and inserting (subject to under paragraph paragraph by and inserting (subject to under paragraph and by adding at the end the following: adjustment of salary limitation and amount of payments for in secretary of shall adjust the salary limitation under (3)(b)(ii) and the amount under (5)(b)(i) on the date that is 30 days DATE the date of the enactment of this and at the beginning of each fiscal year to reflect the percentage (if any) of increase in the average of the consumer index for the preceding 12-month DATE period to the consumer price index for year 2020 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01445 fmt 6652 sfmt 6201 CARDINAL special rules for calculation making an adjustment subparagraph (a), the shall round the amount of any in the consumer price index to the dollar; and than 1 percent PERCENT . may ignore any such increase of consumer price index purposes of this paragraph, the term price means the consumer price for all urban consumers published by bureau of labor statistics of the of 133113 DATE . extension of trade adjustment to public agency workers. 247 CARDINAL of the trade act of ( 19 u.s.c QUANTITY . 2319 DATE ) is in paragraph in the matter preceding subparagraph by striking and inserting section 222(d)(5), and in subparagraph (a), by striking sector and inserting service firm, or public and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01446 fmt 6652 CARDINAL sfmt 6201 by adding at the end the following: the term means a or agency of a state or local government or of federal group eligibility of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . 2272), as by subsections (b) and (c) of section 133102 LAW , is by redesignating subsections (c), (d), (e), (f) as subsections (d), (e), (f), and (g), by inserting after subsection (b) the adversely affected workers in public group of workers in a public agency shall certified by the secretary as eligible to apply for assistance under this chapter pursuant to a petition under section 221 LAW if the secretary determines a significant number or proportion of the in the public agency have become totally or separated, or are threatened to become or partially separated; the public agency has acquired from a country services like or directly competitive with which are supplied by such agency; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01447 CARDINAL fmt 6652 sfmt 6201 the acquisition of services described in ( 2 CARDINAL ) contributed to such or threat of in subsection (d) (as redesignated), by at the end the following: reference to purposes of (a) and (b), the term does not a public and in paragraph ( 2 CARDINAL ) of subsection (e) (as by striking (a) or and (a), (b), or 133114 DATE . definitions. extension of adjustment assistance for to 247(7 CARDINAL ) of the act of 1974 DATE ( 19 u.s.c QUANTITY . 2319(7)) is by inserting guam, the virgin islands of united states GPE , american NORP samoa, the of the northern mariana after of and by striking and underserved 247 CARDINAL of the act of 1974 DATE ( 19 u.s.c QUANTITY . 2319 DATE ), as amended by 133113(a CARDINAL ), is further amended by adding at the end following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01448 fmt 6652 CARDINAL sfmt 6201 the a community with populations sharing a characteristic that have been systematically a full opportunity to participate in aspects of social, or civic life, such as black, latino, indigenous and native american NORP persons, asian NORP and pacific islanders, other persons of members of other minority communities, with disabilities, persons who live in rural and other populations otherwise adversely by persistent poverty or 133115 DATE . subpoena power. 249 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is in subsection (a), by adding at the end the authority under the preceding includes the authority of states to require, by a firm to provide information on workers by, or totally or partially separated from, firm that is necessary to make a determination this chapter or to provide outreach to including the names and address of by adding at the end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01449 fmt 6652 CARDINAL sfmt 6201 enforcement of subpoenas by state may enforce compliance with a subpoena issued subsection as provided for under state law; and by petitioning an appropriate united district court for an order requiring with the adjustment assistance for 133201 DATE . petitions and determinations. 251 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is in the second ORDINAL sentence of subsection (a), by and inserting later than 15 CARDINAL by amending subsection (c) to read as the secretary shall certify a firm (including agricultural firm or service sector firm) as eligible to for adjustment assistance under this chapter if the that a significant number or proportion the workers in such firm have become totally or separated, or are threatened to become or partially separated, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01450 fmt 6652 sfmt 6201 CARDINAL sales or production, or both, of the have decreased absolutely or failed to sales or production, or both, of an or service that accounted for not less than percent PERCENT of the total sales or production of firm during the 12-month DATE period preceding most recent 12-month DATE period for which data available have decreased absolutely or failed increase, sales or production, or both, of the during the most recent 12-month DATE period which data are available have decreased or to increase compared the average annual DATE sales or for the firm during the 24-month DATE preceding that 12-month DATE period, or the average annual DATE sales or for the firm during the 36-month DATE preceding that 12-month DATE period, sales or production, or both, of an or service that accounted for not less 25 percent PERCENT of the total sales or production 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01451 fmt 6652 sfmt 6201 the firm during the most recent 12-month DATE for which data are available have or failed to increase compared the average annual DATE sales or for the article or service during the period preceding that 12-month DATE or the average annual DATE sales or for the article or service during the period preceding that 12-month DATE and increases of imports of articles or like or directly competitive with articles which produced or services which are supplied by such contributed to such total or partial separation, threat thereof, or to such decline or failure to in sales or production, or decreases in exports of articles produced or supplied by such firm, or imports of articles services necessary for the production of articles or supplied by such firm, contributed to such or partial separation, or threat thereof, or to decline in sales or production. for purposes of paragraph ( 1)(b DATE ): 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01452 fmt 6652 CARDINAL sfmt 6201 any firm which engages in exploration or for oil or natural gas shall be considered to a firm producing oil or natural gas. any firm that engages in exploration or for oil or natural gas, or otherwise produces or natural gas, shall be considered to be articles directly competitive with imports of and with imports of natural and in subsection and by striking and by striking in any and all follows and inserting the following: the does not make a determination with to a petition within 55 days DATE after the on which an investigation is initiated subsection (a) with respect to the the secretary shall be deemed to have the firm as eligible to apply for assistance under this 133202. approval of adjustment proposals. 252 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is in the second ORDINAL sentence of subsection (a), by at the end before the period the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01453 fmt 6652 sfmt 6201 an assessment of the potential employment of such in subsection (b)(1)(b), by striking consideration and inserting by redesignating subsection (c) as (d); and by inserting after subsection (b) the amount of in firm may receive assistance under this chapter with respect to economic adjustment proposal an not to exceed $ 300,000 MONEY , subject to under paragraph ( 2 CARDINAL ) and the matching under paragraph ( 3 CARDINAL ). adjustment of assistance limitation in secretary of shall adjust the technical assistance under paragraph ( 1 CARDINAL ) on the date that 30 days DATE after the date of the enactment of paragraph, and at the beginning of each year DATE thereafter, to reflect the percentage any) of the increase in the average of the price index for the preceding 12- 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01454 DATE fmt 6652 CARDINAL sfmt 6201 period compared to the consumer price for fiscal year 2020 DATE . special rules for calculation making an adjustment subparagraph (a), the shall round the amount of any in the consumer price index to the dollar; and than 1 percent PERCENT . may ignore any such increase of consumer price index purposes of this paragraph, the term price means the consumer price for all urban consumers published by bureau of labor statistics of the of labor. matching firm may adjustment assistance under this chapter if the firm provides matching funds in an equal to the amount of adjustment received under paragraph 133203 DATE . technical assistance. 253(a)(3 CARDINAL ) of the trade act of 1974 DATE (19 2343(a)(3)) is amended by adding at the end 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01455 fmt 6652 CARDINAL sfmt 6201 the period the following: including assistance to skills training programs to employees of the 133204 DATE . definitions. 259 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is amended by adding at the end the following: underserved term has the meaning given that in section 133205 LAW . plan for sustained outreach to firms. in 3 CARDINAL of title ii of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2341 et seq.) is amended by at the end the following: 263 CARDINAL . plan for sustained outreach to firms. in secretary shall develop a to provide sustained outreach to firms that may be for adjustment assistance under this chapter. matters to be plan by paragraph ( 1 CARDINAL ) shall include the following: outreach to the united states trade commission GPE and to such firms in with increased imports identified in the annual DATE report regarding the operation 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01456 CARDINAL fmt 6652 CARDINAL sfmt 6201 the trade agreements program under section outreach to such firms in the service outreach to such firms that are small outreach to such firms that are minority- women-owned firms. outreach to such firms that employ a or a substantial percentage of workers from communities. secretary shall update the plan under this section on an annual DATE basis. submission to secretary submit the plan and each update to the plan required this section to clerical table of contents the trade act of 1974 DATE is amended by inserting after item relating to section 262 CARDINAL the following new item: 263 CARDINAL . plan for sustained outreach to potentially-eligible adjustment assistance for and community colleges 133301 CARDINAL . trade adjustment assistance for in 4 CARDINAL of title ii of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2371 et seq.) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01457 fmt 6652 CARDINAL sfmt 6201 by inserting after the chapter heading the adjustment assistance community colleges and career and by redesignating sections 271 CARDINAL and 272 CARDINAL as 279 CARDINAL and 279a CARDINAL , respectively; and by inserting before subchapter b (as by paragraph ( 1 CARDINAL )) the following: adjustment assistance communities 271 CARDINAL . definitions. this subchapter: agricultural commodity term commodity has the given that term in section 291 LAW . a city or other political subdivision of state, including a special purpose unit of a or local government engaged in economic infrastructure development activities, or a of political subdivisions; an economic development district by the economic development 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01458 fmt 6652 sfmt 6201 of the department of commerce; an indian NORP tribe. eligible term means a community that is impacted by under section 273(a)(2 LAW ) and is determined to eligible for assistance under this subchapter. eligible term an eligible community; an institution of higher education or consortium of institutions of higher education; a public or private nonprofit or association acting in cooperation with of a political subdivision of a state. term means secretary of commerce. underserved term has the meaning given that in section 247 LAW . 272 CARDINAL . establishment of trade adjustment for communities program. secretary, acting through the assistant for economic development, shall, not later than 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01459 CARDINAL fmt 6652 CARDINAL sfmt 6201 days DATE after the date of enactment of this subchapter, a program to provide communities impacted by with assistance in accordance with the requirements this subchapter. 273 CARDINAL . eligibility; notification of eligibility. in community shall be for assistance under this subchapter if the is a community impacted by trade under ( 2 CARDINAL ). community impacted by is impacted by trade if it meets each of following requirements: one CARDINAL or more of the following are made with respect to the by the secretary of labor, that a of workers located in the community eligible to apply for assistance under 223 CARDINAL . by the secretary of commerce ORG , a firm located in the community is to apply for adjustment assistance section 251. 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01460 fmt 6652 CARDINAL sfmt 6201 by the secretary of agriculture, a group of agricultural commodity located in the community is to apply for adjustment assistance section 293 CARDINAL . the applies for assistance not later 180 days DATE after the date on which the recent certification described in (a) is made; or in the case of a community with to which one CARDINAL or more such were made on or after january 1 DATE , and before the date of the enactment this subchapter, applies for assistance later than september 30, 2024. the has a per capita income of 80 CARDINAL or less of the national average; has an unemployment rate that for the most recent 24-month DATE period for data are available, at least 1 percent PERCENT than the national average rate; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01461 fmt 6652 sfmt 6201 DATE is significantly affected by a loss or threat to, the jobs associated with certification described in subparagraph or the community is undergoing of its economic base as a result of trade patterns, as determined by secretary. notification of one CARDINAL or more described in subsection (a)(2)(a) are made respect to a community, the applicable secretary with to such certification shall concurrently, notify the of the state in which the community is located the ability of the community to apply for assistance this section. 274 CARDINAL . grants to eligible communities. in secretary upon the application of an eligible award a grant under this section to the to assist in developing or updating a plan that meets the requirements of section or upon the application of an eligible entity, an implementation grant under this section to entity to assist in implementing projects included 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01462 fmt 6652 CARDINAL sfmt 6201 a strategic plan that meets the requirements of 275 CARDINAL . special revolving loan fund in secretary shall the proper operation and financial of revolving loan funds established by entities with assistance under this section. efficient at the request of an eligible amend and consolidate grant governing revolving loan funds to flexibility with respect to lending and borrower criteria; and assign or transfer assets of a loan fund to third ORDINAL party for the of liquidation, and the third ORDINAL party retain assets of the fund to defray related to liquidation. treatment of action by the secretary under this subsection respect to a revolving loan fund shall not a new obligation if all grant funds 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01463 fmt 6652 sfmt 6201 with the original grant award have disbursed to the recipient. use of funds in projects under project in the case of a grant a construction project under this section, if secretary determines, before closeout of the that the cost of the project, based on designs and specifications that were the of the grant, has decreased because of in costs, the secretary may approve the of the excess funds (or a portion of the funds) to improve the project. other uses of excess amount of excess funds remaining after of subparagraph (a) may be used by secretary for providing assistance under section. an eligible institution (as term is defined in section 279 LAW ) located in an eligible is seeking a grant under section 279 LAW at the time the community is seeking an implementation under subsection the secretary, upon receipt of such from the secretary of labor as required 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01464 fmt 6652 CARDINAL sfmt 6201 section 279(e), shall notify the community the institution is seeking a grant under section and the community shall provide to the in coordination with the institution, a of how the community will included in the strategic plan with the project for which the institution submits the proposal under section 279 LAW . total amount of grants with respect to an eligible community under this for fiscal years 2022 DATE through 2026 DATE may not exceed secretary shall, in awarding under this section, provide higher levels of funding respect to eligible communities that have a history economic distress and long-term unemployment, as by the secretary. geographic PERSON in secretary shall, in grants under this section, ensure that are awarded with respect to eligible from geographically diverse areas. geographic region secretary shall, in meeting the requirement 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01465 fmt 6652 CARDINAL sfmt 6201 CARDINAL paragraph ( 1 CARDINAL ), award a grant under this for each of the fiscal years 2022 DATE through 2026 DATE at least one eligible community located in each region for which regional offices of the development administration of the of commerce are responsible, to the extent the secretary receives an application from at one eligible community in each such geographic 275 CARDINAL . strategic plans. in strategic plan meets the of this section the consultation requirements of (b) are met with respect to the development the plan; (c); and the plan meets the requirements of the plan is approved in accordance with requirements of subsection (d). in the extent practicable, eligible community shall consult with the entities in paragraph ( 2 CARDINAL ) in developing the plan. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01466 fmt 6652 CARDINAL sfmt 6201 CARDINAL entities entities in this paragraph are public and private located in or serving the eligible community, firms; local, county, or state government firms, including small- and medium- local workforce investment boards; labor organizations, including state federations and labor-management representing workers in the community; educational institutions, local agencies, and other training providers; local civil rights organizations and organizations, including representing underserved strategic plan may contain, as to the community, the following: a description and analysis of the capacity the eligible community to achieve economic to the impact of trade. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01467 fmt 6652 CARDINAL sfmt 6201 an analysis of the economic development and opportunities facing the community, the strengths and weaknesses of the of the community. an assessment the commitment of the community to out the strategic plan on a long-term the participation and input of of the community who are dislocated from due to the impact of trade; and the extent to which underserved have been impacted by trade. a description of how underserved will benefit from the strategic plan. a description of the role of the entities in subsection (b)(2) in developing the plan. a description of projects under the plan to facilitate the economic to the impact of trade, including projects develop public facilities, public jobs, and businesses (including establishing revolving loan fund); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01468 fmt 6652 CARDINAL sfmt 6201 provide for planning and technical provide for training; provide for the demolition of vacant abandoned commercial, industrial, or property; redevelop brownfields; establish or support land banks; support energy conservation; and support historic preservation. a strategy for continuing the adjustment to the impact of trade after the of such projects. a description of the educational and programs and the potential employment available to workers in the community, for workers under the age of 25 DATE , and the future needs of the community. an assessment the cost of implementing the strategic and the timing of funding required by the to implement the strategic plan. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01469 fmt 6652 sfmt 6201 a description of the methods of financing be used to implement the strategic plan, an grant received section 274 CARDINAL or under other authorities; a loan, including the establishment of revolving loan fund; or other types of financing. an assessment of how the community will unemployment among agricultural producers, if applicable. approval; ceds secretary shall approve strategic plan developed by an eligible under this section if the secretary determines the strategic plan meets the requirements of section. ceds or secretary deem an eligible comprehensive development strategy that substantially the requirements of this section to be an strategic plan for purposes of this the funds appropriated to out this chapter for each of the fiscal years 2022 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01470 fmt 6652 CARDINAL sfmt 6201 2026, the secretary may make available not more $ 50,000,000 MONEY award grants under section 276 LAW . coordination of federal response and additional technical in secretary shall coordinate federal response with respect to an eligible community is awarded an implementation grant under section to implement the strategic plan meets the requirements of section 275 LAW identifying and consulting, as appropriate, any other federal, state, regional, or local agency; assisting the community to access from other available federal sources as to fulfill the strategic plan under section 275 LAW ; and ensuring that such assistance is provided a targeted, integrated manner. transfer of transfer of funds to other federal appropriated to carry out this may be transferred between federal 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01471 fmt 6652 CARDINAL sfmt 6201 DATE if the funds are used for the purposes for which funds are specifically appropriated. transfer of funds from other in to (b), for the purposes of this chapter, the may accept transfers of funds from federal agencies if the funds are used for purposes for which (and in accordance with terms under which) the funds are appropriated. and use of transferred shall remain available until may, to the extent necessary to out this chapter, be transferred to merged by the secretary with the for salaries and expenses. additional technical to the coordination and assistance described in (a), the secretary shall provide technical assistance to identify significant impediments to development that result from the impact of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01472 fmt 6652 CARDINAL sfmt 6201 on the community, including in the course of a strategic plan under section 275 LAW ; and to access assistance under other available including state, local, or private sources, to projects that diversify and strengthen the in the community. 277 CARDINAL . general provisions. in secretary shall, to paragraph ( 3 CARDINAL ), promulgate such regulations may be necessary to carry out this subchapter, with respect administering the awarding of grants section 274 LAW , including establishing for the submission and evaluation of grant under such section; and establishing guidelines for the of strategic plans developed to meet the of section 275 LAW . secretary shall with the committee on ways and means of house of representatives and the committee on of the senate ORG not later than 90 days DATE prior promulgating any final rule or regulation under subsection. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01473 fmt 6652 sfmt 6201 relationship to existing secretary, to the maximum extent rely on and apply regulations to carry out other economic development of the department of commerce ORG in out this subchapter; and provide guidance regarding the and extent to which such other economic programs relate to this subchapter. secretary shall allocate such as may be necessary to provide sufficiently assistance to each eligible community that a grant under section 274(a) or seeks technical under section 276(c) to develop and implement strategic plan that meets the requirements of section clerical table of contents the trade act of 1974 DATE is amended by striking the relating to chapter 4 LAW of title ii and inserting the adjustment assistance for communities adjustment assistance for communities 271 CARDINAL . definitions. 272 CARDINAL . establishment of trade adjustment assistance for communities 273 CARDINAL . eligibility; notification of eligibility. 274 CARDINAL . grants to eligible communities. 275 CARDINAL . strategic plans. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01474 fmt 6652 CARDINAL sfmt 6211 DATE 276. coordination of federal response and other additional technical 277 CARDINAL . general provisions. college and career training grant 279 CARDINAL . community college and career training grant program. 279a CARDINAL . authorization of 133302 DATE . trade adjustment assistance for colleges and career training. 279 CARDINAL of the trade act of 1974 DATE , as by section 133301(a)(2 LAW ), is amended as follows: in subsection in paragraph ( 1 CARDINAL ), by striking and inserting in paragraph in the matter preceding (a), by striking inserting and in subparagraph by striking and by striking and in the case of an eligible by striking the period at the and inserting and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01475 fmt 6652 CARDINAL sfmt 6201 by adding at the end the in the case of a consortium of eligible a grant under this section in excess in subsection (b), by adding at the end the eligible term means an eligible institution or a consortium of institutions. underserved term has the meaning given that in section in subsection by striking each it appears and inserting in paragraph in subclause (i), by striking the end; and by adding at the end the any opportunities to industry or sector partnerships to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01476 fmt 6652 CARDINAL sfmt 6201 DATE or expand quality academic and curricula; in subsection (d), by striking each place it appears and inserting by redesignating subsection (e) as (h) and inserting after subsection (d) the use of in eligible entity shall use grant awarded under this section to establish and career training programs, including career and education programs, and career pathways supports for students participating in such student support and emergency less than 15 percent PERCENT of the amount a grant awarded to an eligible entity under this shall be used to carry out student support which may include the following: transportation, mental health or substance use disorder prevention and assistance in obtaining health 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01477 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL coverage, housing, and other benefits, as connecting students to state or means-tested benefits programs. the provision of direct financial to help students facing financial that may impact enrollment in or of a program supported by such funds. navigation, coaching, mentorship, case management services, including information and outreach to the described in subparagraph (c) to take in such a program. providing access to necessary materials, technological devices, or equipment, and other supports necessary participate in such a program. plan for outreach to underserved in awarding grants under section, the secretary ensure that eligible institutions serve individuals from underserved and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01478 fmt 6652 sfmt 6201 DATE develop a plan to ensure that grants under this subchapter effectively serve from underserved communities. secretary shall update plan required by paragraph (1)(b) on an annual DATE submission to shall submit the plan required by paragraph and each update to the plan required by ( 2 CARDINAL ) to congress ORG . geographic secretary shall PERSON , awarding grants under this section, ensure that grants awarded with respect to eligible entities from diverse adjustment assistance for 133401 DATE . definitions. 291 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is by striking paragraph ( 3 CARDINAL ); by redesignating paragraphs ( 4 CARDINAL ) through as paragraphs ( 3 CARDINAL ) through (6), respectively; and by adding at the end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01479 fmt 6652 sfmt 6201 underserved term has the meaning given that in section 133402 LAW . group eligibility requirements. 292 CARDINAL of the trade act of 1974 DATE (19 u.s.c. is in subsection in paragraph by striking percent each it appears; and at the end; in subparagraph (d), by adding in paragraph ( 2 CARDINAL ), by striking inserting by redesignating paragraph ( 3 CARDINAL ) as (ii) of paragraph (2)(a) (as designated subparagraph (b)); in clause (ii) of paragraph (2)(a) (as by subparagraph by striking and by striking the period at the end inserting ; and in paragraph ( 2 CARDINAL ), by adding at the end following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01480 fmt 6652 sfmt 6201 the volume of exports of the agricultural produced by the group in the marketing with respect to which the group files the decreased compared to the average volume of exports during the 3 marketing years preceding marketing year; and the decrease in such exports contributed to decrease in the national average price, quantity production, or value of production of, or cash for, the agricultural commodity, as described paragraph and in subsection (e)(3), by adding at the end the period the following: 133403 DATE . benefit information to agricultural producers. 295(a PERSON ) of the trade act of 1974 DATE (19 u.s.c. is amended by adding at the end the following: secretary shall develop a plan to conduct targeted outreach and offer assistance to agricultural producers from underserved 133404 DATE . qualifying requirements and benefits agricultural commodity is 296 CARDINAL of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01481 fmt 6652 CARDINAL sfmt 6201 in subsection (a)(1)(a), by striking and inserting in subsection paragraph ( 3)(b CARDINAL ), by striking and inserting and paragraph (4)(c), by striking and inserting in subsection (c), by striking and and by adding at the end the following new adjustments for in secretary of shall adjust each dollar amount limitation in this section on the date that is 30 days DATE the date of the enactment of this subsection, at the beginning of each fiscal year thereafter, reflect the percentage (if any) of the increase in average of the consumer price index for the 12-month DATE period compared to the price index for fiscal year 2020 DATE . special rules for calculation of making an adjustment under ( 1 CARDINAL ), the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01482 fmt 6652 sfmt 6201 CARDINAL shall round the amount of any in the consumer price index to the dollar; and 1 percent PERCENT . may ignore any such increase of less consumer price index of this subsection, the term means the consumer price index for urban consumers published by the bureau of statistics of ORG the department of and other matters 133501 DATE . extension of and appropriations for adjustment assistance program. extension of termination 285 CARDINAL of the trade act of 1974 DATE ( 19 u.s.c QUANTITY . 2271 CARDINAL is amended by striking each place it appears inserting training 236(a)(2)(a CARDINAL ) of the act of 1974 DATE ( 19 u.s.c QUANTITY . 2296(a)(2)(a CARDINAL )) , as by section 133110(c)(2)(b LAW ), is further by striking not exceed inserting the following: not by striking the period at the end and and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01483 fmt 6652 CARDINAL sfmt 6201 by adding at the end the following: $ 1,000,000,000 MONEY for each of the fiscal years 2022 DATE reemployment trade adjustment 246(b)(1 CARDINAL ) of the trade act of 1974 DATE (19 2318(b)(1)) is amended by striking and authorizations of trade adjustment assistance for 245 CARDINAL of the trade act of 1974 DATE u.s.c. 2317) is in subsection (a), by striking inserting and by adding at the end the following: reservation by the the appropriated to carry out this chapter for any fiscal the secretary of labor ORG may reserve not more than percent for technical assistance, pilots and and the evaluation of activities carried out under trade adjustment assistance for 255(a) of the trade act of 1974 DATE u.s.c. 2345(a)) is amended in the first ORDINAL sentence adding at the end before the period the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01484 CARDINAL fmt 6652 CARDINAL sfmt 6201 $50,000,000 MONEY for each of the fiscal years 2022 DATE trade adjustment assistance for 298 CARDINAL of the trade act of 1974 DATE u.s.c. 2401g(a CARDINAL )) is in subsection by striking and and by striking and inserting and by adding at the end the following: reservation by the the appropriated to carry out this chapter for any fiscal the secretary of agriculture may not reserve more 5 percent PERCENT for technical assistance, pilots and and the evaluation of activities carried out this trade adjustment assistance for addition to amounts otherwise there is appropriated for each of fiscal years through 2028 DATE , out of any money in the not otherwise appropriated, $ 1,000,000,000 MONEY , to available until expended, to carry out the of chapter 2 LAW of title ii of the trade act 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01485 fmt 6652 sfmt 6201 1974 DATE , as authorized by section 245 LAW of the trade of 1974 DATE ( 19 u.s.c QUANTITY . 2317) (as amended by (d)). trade adjustment assistance for addition to amounts otherwise available, is appropriated for each of fiscal years 2022 2028 DATE , out of any money in the treasury ORG not appropriated, $ 50,000,000 MONEY , to remain until expended, to carry out the provisions chapter 3 LAW of title ii of the trade act of 1974 DATE , authorized by section 255 LAW of the trade act of ( 19 u.s.c QUANTITY . 2345) (as amended by subsection trade adjustment assistance for in addition to amounts available, there is appropriated for of fiscal years 2022 DATE through 2026 DATE , out of money in the treasury ORG not otherwise $ 1,000,000,000 MONEY , to remain available expended, to carry out subchapter a of 4 CARDINAL of title ii of the trade act of 1974 DATE , added by section 133301 LAW of this act, as by subsection (d). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01486 fmt 6652 CARDINAL sfmt 6201 CARDINAL salaries and the appropriated pursuant subparagraph for each of fiscal years 2022 DATE through 2026 DATE , more than $40,000,000 MONEY shall be made for the salaries and expenses of personnel subchapter a of chapter 4 LAW of title of the trade act of 1974 DATE . supplement and not appropriated pursuant to (a) for each of the fiscal years 2022 DATE 2026 CARDINAL shall be used to supplement, and supplant, other federal, state, regional, local government funds made available to economic development assistance for trade adjustment assistance for colleges and career in addition to amounts available, there is appropriated for of fiscal years 2022 DATE through 2028 DATE , out of money in the treasury ORG not otherwise $ 1,300,000,000 MONEY , to remain available expended, to carry out subchapter b of 4 CARDINAL of title ii of the trade act of 1974 DATE , designated by section 13301 LAW of this act, as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01487 fmt 6652 sfmt 6201 by section 279a CARDINAL of such subchapter (as redesignated). reservation by the the funds appropriated to carry out b of chapter 4 LAW of title ii of the trade of 1974 DATE for each of fiscal years 2002 2028 DATE , the secretary of labor may not more than 5 percent PERCENT for of the program, including providing assistance, sustained outreach to eligible effectively serving underserved pilots and demonstrations, and a third ORDINAL -party evaluation of the program out under such subchapter. trade adjustment assistance for addition to amounts otherwise there is appropriated for each of fiscal years through 2028 DATE , out of any money in the not otherwise appropriated, $ 50,000,000 MONEY , to available until expended, to carry out the of chapter 6 LAW of title ii of the trade act of as authorized by section 298 LAW of the trade act 1974 DATE ( 19 u.s.c QUANTITY . 2401) (as amended by (d)). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01488 fmt 6652 CARDINAL sfmt 6201 133502 DATE . applicability of trade adjustment provisions. workers certified before date of in as provided in ( 2 CARDINAL ) and ( 3 CARDINAL ), a worker certified as eligible for assistance under section 222 LAW of the act of 1974 DATE before the date of the enactment this act shall be eligible, on and after such date enactment, to receive benefits only under the of chapter 2 LAW of title ii of the trade act of as in effect on such date of enactment, or as provisions may be amended after such date of computation of maximum received by a worker described in ( 1 CARDINAL ) under chapter 2 LAW of title ii of the trade of 1974 DATE before the date of the enactment of this shall be included in any determination of the benefits for which the worker is eligible the provisions of chapter 2 LAW of title ii of the act of 1974 DATE , as in effect on the date of the of this act, or as such provisions may be after such date of enactment. authority to make adjustments to the 90-day DATE period beginning on the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01489 fmt 6652 CARDINAL sfmt 6201 of the enactment of this act, the secretary is to make any adjustments to benefits to described in paragraph ( 1 CARDINAL ) that the determines to be necessary and appropriate in and administering the provisions of chapter of title ii of the trade act of 1974 DATE , as in effect the date of the enactment of this act, or as such may be amended after such date of in a manner that ensures parity of treatment the benefits of such workers and the of workers certified after such date of workers not certified pursuant to petitions filed before date of certifications of workers not before date of criteria if a determination has been as of the date of the of this act, the secretary of labor has made a determination with respect to to certify a group of workers as eligible apply for adjustment assistance under 222 CARDINAL of the trade act of 1974 DATE pursuant to petition described in subparagraph (c), the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01490 fmt 6652 sfmt 6201 CARDINAL shall make that determination based the requirements of section 222 LAW of the trade of 1974 DATE , as in effect on such date of reconsideration of denials of before the date of the of this act, the secretary made a not to certify a group of workers as to apply for adjustment assistance section 222 CARDINAL of the trade act of 1974 DATE to a petition described in (c), the secretary reconsider that determination; and if the group of workers meets the of section 222 LAW of the trade of 1974 DATE , as in effect on such date of certify the group of workers as to apply for adjustment assistance. petition petition in this subparagraph is a petition for a of eligibility for a group of workers under section 221 LAW of the trade act of on or after january 1, 2021, and before date of the enactment of this act. eligibility for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01491 fmt 6652 CARDINAL sfmt 6201 in as provided in (b), a worker certified as eligible apply for adjustment assistance under 222 CARDINAL of the trade act of 1974 DATE pursuant to petition described in paragraph ( 1)(c CARDINAL ) shall eligible, on and after the date of the of this act, to receive benefits only under provisions of chapter 2 LAW of title ii of the act of 1974 DATE , as in effect on such date of or as such provisions may be after such date of enactment. computation of maximum received by a worker described paragraph ( 1 CARDINAL ) under chapter 2 LAW of title ii of trade act of 1974 DATE before the date of the of this act shall be included in any of the maximum benefits for the worker is eligible under the provisions chapter 2 LAW of title ii of the trade act of as in effect on the date of the enactment this act, or as such provisions may be after such date of enactment. conforming 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01492 fmt 6652 CARDINAL sfmt 6201 CARDINAL trade act of 151 CARDINAL of the act of 2002 DATE ( 19 CARDINAL u.s.c. note prec. 2271 CARDINAL ) is by striking subsections (a), (b), and (c). trade and globalization adjustment act of 1891 DATE of the and globalization adjustment assistance act 2009 DATE ( 19 u.s.c QUANTITY . 2271 CARDINAL note) is repealed. trade adjustment assistance act of trade adjustment extension act of 2011 DATE is in section 201 LAW ( 19 CARDINAL u.s.c. note prec. by striking subsections (b) and (c); and in section 231(a) ( 19 u.s.c QUANTITY . 2271 CARDINAL by striking paragraphs (1)(b) and ( 2 CARDINAL ). trade adjustment assistance act of trade adjustment reauthorization act of 2015 DATE is in section 402 LAW (19 u.s.c. note prec. by striking subsections (b) and (c); and section 405(a)(1 LAW ) ( 19 u.s.c QUANTITY . by striking subparagraph (b). trade adjustment assistance for certification of firms not certified date of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01493 fmt 6652 CARDINAL sfmt 6201 CARDINAL criteria if a determination has been as of the date of the of this act, the secretary of commerce not made a determination with respect to to certify a firm as eligible to apply for assistance under section 251 LAW of the act of 1974 DATE pursuant to a petition in subparagraph (c), the secretary shall that determination based on the of section 251 LAW of the trade act of 1974 DATE , in effect on such date of enactment. reconsideration of denial of before the date of the of this act, the secretary made a not to certify a firm as eligible to for adjustment assistance under section of the trade act of 1974 DATE pursuant to a described in subparagraph (c), the reconsider that determination; and if the firm meets the requirements section 251 CARDINAL of the trade act of 1974 DATE , in effect on such date of enactment, the firm as eligible to apply for assistance. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01494 DATE fmt 6652 sfmt 6201 CARDINAL petition petition in this subparagraph is a petition for a of eligibility filed by a firm or its under section 251 LAW of the trade of 1974 DATE on or after january 1, 2021, and the date of the enactment of this act. certification of firms that did not petitions between january 1, 2021 DATE , and of in secretary of shall certify a firm described in (b) as eligible to apply for adjustment under section 251 LAW of the trade act 1974 DATE , as in effect on the date of the of this act, if the firm or its files a petition for a certification of under section 251 LAW of the trade act of not later than 90 days DATE after such date of firm firm described this subparagraph is a firm that the determines would have been certified as to apply for adjustment assistance the firm or its representative had a petition for a certification of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01495 CARDINAL fmt 6652 sfmt 6201 CARDINAL under section 251 LAW of the trade act 1974 DATE on a date during the period on january 1, 2021, and ending on day before the date of the enactment this act; and the provisions of chapter 3 LAW of title of the trade act of 1974 DATE , as in effect such date of enactment, had been in on that date during the period in clause (i). e relating to pathways health careers 134101 DATE . pathways to health careers act. transition is appropriated, of any funds in the treasury ORG not otherwise $ 15,000,000 MONEY to the secretary of health and services to provide technical assistance and cover costs associated with implementing section of the social security act (as added by subsection career pathways through health opportunity october 1, 2021 DATE , xx of the social security act ( 42 u.s.c QUANTITY . 1397- is amended by adding at the end the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01496 fmt 6652 CARDINAL sfmt 6201 CARDINAL pathways health profession grants 2071 CARDINAL . career pathways through health opportunity grants. application eligible desiring a grant under this section for a project shall to the secretary an application for the grant, that the following: a description of how the applicant will use career pathways approach to train eligible for health professions that pay well or will put individuals on a career path to an occupation pays well, under the project. a description of the adult basic education activities, work readiness activities, activities, and case management and career services that the applicant will use to assist individuals to gain work experience, to employers, and job placement, and a of the plan for recruiting, hiring, and training to provide the case management, mentoring, career coaching services, under the project or through local governmental, apprenticeship, or charitable institutions. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01497 fmt 6652 sfmt 6201 in the case of an application for a grant this section for a demonstration project in subsection a demonstration that the state in the demonstration project is to be has in effect policies or laws that permit allied health and behavioral health care to be awarded to people with certain or conviction records (which policies or shall include appeals processes, waivers, and other opportunities to rehabilitation to obtain credentials, and approval to work in the proposed careers), and a plan described in the that will use a career pathway to participants with such a record in acquiring licensing, and employment in the careers; a discussion of how the project or strategic hiring decisions will demonstrate experience and expertise of the project in with job seekers who have arrest or records or employers with experience with people with arrest or conviction 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01498 fmt 6652 sfmt 6201 an identification of promising or best practices that can be used to the training; a proof of concept or demonstration the applicant has done sufficient research workforce shortage or in-demand jobs for people with certain types of arrest or records can be hired; a plan for recruiting students who eligible individuals into the project; and a plan for providing post-employment and ongoing training as part of a pathway under the project. in the case of an application for a grant this section for a demonstration project in subsection a description of the partnerships, staff hiring decisions, tailored program or other programmatic elements of project, such as training plans for doulas other community health workers and plans for midwives and other allied health that are designed to support a pathway in pregnancy, birth, or post- services; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01499 fmt 6652 CARDINAL sfmt 6201 a demonstration that the state in the demonstration project is to be recognizes doulas or midwives, as the may be. a demonstration that the applicant has working with low-income populations, or a of the plan of the applicant to work with partner organization that has the experience. a plan for providing post-employment and ongoing training as part of a career under the project. a description of the support services that applicant will provide under the project, a plan for how child care and transportation services will be guaranteed and, if the will provide a cash stipend or wage supplement, the stipend or supplement would be calculated distributed. a certification by the applicant that the development consultation with a local workforce board established under section of the workforce innovation and act; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01500 fmt 6652 CARDINAL sfmt 6201 consideration of apprenticeship and models registered under the of august 16, 1937 DATE (also known as the apprenticeship consideration of career pathway in the state in which the project is to be and a review of the state plan under 102 CARDINAL or 103 CARDINAL of the workforce innovation opportunity act. a description of the availability and of recent labor market information and other evidence of in-demand jobs or worker a certification that the applicant will provide or contract for the training services in the application. a commitment by the applicant that, if grant is made to the applicant, the applicant during the planning period for the provide the secretary with any needed by the secretary to establish data reporting and administrative for the project; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01501 fmt 6652 CARDINAL sfmt 6201 hire a person to direct the project not than the end of the planning period to the project; accept all technical assistance offered the secretary with respect to the grant; participate in peer technical conferences as are regularly scheduled by secretary; and provide all data required by the under subsection (g). preferences in considering considering applications for a grant under this the secretary shall give preference applications submitted by applicants to a grant was made under this section or any to this section; applications submitted by applicants who business and community partners in each of following categories: state and local government agencies social service providers, including a state local entity that administers a state program under part a of this title; institutions of higher education, programs, and local workforce 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01502 fmt 6652 sfmt 6201 boards established under section 107 LAW the workforce innovation and opportunity and health care employers, health care or sector partnerships, labor unions, and partnerships; applications that include opportunities for or peer support, and make career available, as part of the case management plan; applications which describe a project that serve a rural area in the community in which the to be enrolled in the project reside is the project will be conducted; or an employer partnership that has to hiring individuals who successfully all activities under the project is applications that include a commitment to project participants with a cash stipend or supplement; and applications which have an emergency cash to assist project participants financially in situations. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01503 fmt 6652 CARDINAL sfmt 6201 competitive grant in secretary make a grant in accordance with this to an eligible entity whose for the grant is approved by the to conduct a project designed to allied professions, health information physicians assistants, nursing registered nurse, advanced nurse, and other professions part of a health care career pathway guarantee of grantees in state and the district of each grant cycle, the shall award a grant under this to at least 2 CARDINAL eligible entities in each that is not a territory, to the extent are a sufficient number of submitted by the entities that meet requirements applicable with respect to a grant. if, for a grant cycle, there 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01504 fmt 6652 sfmt 6201 CARDINAL fewer than 2 CARDINAL such eligible entities in a the secretary shall include that in the report required by (g)(2) that covers the fiscal year DATE . guarantee of grants for indian NORP amount reserved subsection (i)(2)(b) for each fiscal year DATE , secretary shall award a grant under this to at least 10 CARDINAL eligible entities that an indian NORP tribe, a tribal organization, or a college or university, to the extent there a sufficient number of applications by the entities that meet the applicable with respect to such a grant. guarantee of grantees in the amount subsection (i)(2)(c) for each fiscal year DATE , secretary shall award a grant under this to at least 2 CARDINAL eligible entities that are in a territory, to the extent there are a number of applications submitted by entities that meet the requirements with respect to such a grant. 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01505 fmt 6652 CARDINAL sfmt 6201 grant secretary make a grant in accordance with this to an eligible entity whose application the grant is approved by the secretary, to a demonstration project that meets the of subparagraph (b). requirements this subparagraph are the following: type of project shall be of 1 CARDINAL of the types: individuals with arrest shall be of a type designed to education and training for individuals with arrest or records to enter and follow a pathway in the health professions occupations that pay well and expected to experience a labor or be in high demand. pregnancy and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01506 DATE fmt 6652 sfmt 6201 CARDINAL shall be of a type designed to education and training for individuals to enter and follow a pathway in the field of childbirth, post-partum, or and post-partum, in a state recognizes doulas or midwives that provides payment for provided by doulas or midwives, the case may be, under private or health insurance plans. demonstration shall be conducted for not less than minimum allocation of funds years DATE . individuals with arrest or less than $6,375,000 MONEY of the made available for grants under paragraph shall be used to make for demonstration projects of the described in subparagraph ( b)(i)(i ORG ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01507 fmt 6652 CARDINAL sfmt 6201 pregnancy and childbirth pathway less than $6,375,000 MONEY of the amounts available for grants under this shall be used to make grants for projects of the type in subparagraph (b)(i)(ii). grant grant cycle under section shall be not less than 5 years DATE , with a period of not more than the first ORDINAL 12 CARDINAL of the grant cycle. during the planning the amount of the grant shall be in such lesser as the secretary determines appropriate. use of in entity to which a grant made under this section shall use the grant in with the approved application for the support to be required project for a grant is made under this section shall the following: an assessment for adult basic competency, and provision of adult skills education necessary for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01508 DATE fmt 6652 sfmt 6201 eligible individuals to enroll in project and go on to enter and post-secondary including the following: establishing a network of that offer pre-training for project participants who need improve basic academic skills or language proficiency before a health occupational career pathway program. offering resources to enable participants to continue adult basic skill proficiency enrolled in a career pathway embedding adult basic maintenance as part of ongoing career coaching and a guarantee that child care is an and affordable support service for participants through means such as following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01509 CARDINAL fmt 6652 sfmt 6201 referral to, and assistance enrollment in a subsidized child program. direct payment to a child provider if a slot in a subsidized care program is not available or accessible. payment of co-payments associated fees for child care. case management plans that career coaching (with the option to appropriate peer support and opportunities to help develop soft and social capital), which may be on an ongoing basis before, during, after initial training as part of a pathway model. a plan to provide project with transportation through means as the following: referral to, and assistance enrollment in, a subsidized program. if a subsidized program not reasonably 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01510 fmt 6652 CARDINAL sfmt 6201 CARDINAL direct payments to subsidize costs. purposes of this clause, the term includes public transit, or for a personal vehicle if public not reasonably accessible or in the case of a demonstration of the type described in subsection access to legal assistance project participants for the purpose of arrest or conviction records and workforce barriers. allowed goods and provided under a project for which a is made under this section may include following: a cash stipend. a reserve fund for financial to project participants in situations. tuition, and training materials as books, software, uniforms, shoes, hair nets, and personal protective 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01511 fmt 6652 sfmt 6201 in-kind resource donations such interview clothing and conference fees. assistance with accessing and high school equivalency or adult education courses as necessary to success in the project and make toward career goals. assistance with programs and necessary to address arrest or records as an employment barrier. other as necessary for family well-being, in the project, and progress toward goals. number of hours TIME of provided to an eligible individual under a project which a grant is made under this section, for a postsecondary credential (including an and a by a local workforce development board under section 107 LAW of the workforce and opportunity act), which is awarded in of attainment of measurable technical or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01512 fmt 6652 CARDINAL sfmt 6201 skills necessary to gain employment or within an occupation, shall not less than the number of hours TIME of required for certification in that level skill by the state in which the project is or if there is no such requirement, such of hours TIME of training as the secretary is necessary to achieve that skill level. inclusion of tanf the of a project for which a grant is made under section that is conducted in a state that has a funded under part a of title iv, at least 10 CARDINAL of the eligible individuals to whom support provided under the project shall meet the income requirements under that state program, regard to whether the individuals receive or services directly under that state income entity to which grant is made under this section shall not use the to provide support to a person who is not an individual. entity to which a grant made under this section shall not use the grant 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01513 fmt 6652 sfmt 6201 DATE purposes of entertainment, except that case and career coaching services may include of specific career-based milestones such completing a semester, graduation, or job technical in secretary shall provide to assist eligible entities in applying grants under this section; that is tailored to meet the needs of at each stage of the administration of for which grants are made under this that is tailored to meet the specific of indian NORP tribes, tribal organizations, and colleges and universities; that is tailored to meet the specific of the territories; that is tailored to meet the specific of eligible entities in carrying out projects for which a grant is made this section; and to facilitate the exchange of among eligible entities regarding best 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01514 fmt 6652 CARDINAL sfmt 6201 and promising practices used the continuation of peer technical secretary shall to hold peer technical assistance conferences entities to which a grant is made under this or was made under the immediate predecessor this section. the preceding sentence shall not be to require any such conference to be held person. evaluation of demonstration in secretary shall, by contract, or interagency agreement, conduct and well-designed evaluations of the projects for which a grant is made under section. requirement applicable to with arrest or conviction records the case of a project of the type in subsection (c)(2)(b)(i)(i), the shall include identification of successful for creating opportunities for developing and particularly with respect to low-income with arrest or conviction records, a professions workforce that has accessible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01515 fmt 6652 CARDINAL sfmt 6201 CARDINAL points, that meets high standards for training, certification, and professional and that provides increased wages and benefits, including health care coverage, are responsive to the needs of the workforce. requirement applicable to and childbirth career pathway the case of a project of the type in subsection (c)(2)(b)(i)(ii), the shall include identification of successful for creating opportunities for developing and particularly with respect to low-income and other entry-level workers, a career that has accessible entry points, that meets standards for education, training, certification, professional development, and that provides wages and affordable benefits, including care coverage, that are responsive to the of the birth, pregnancy, and post-partum rule of pursuant to this subsection may include a controlled trial, but this subsection shall be interpreted to require an evaluation to include a trial. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01516 fmt 6652 sfmt 6201 to the eligible entity a grant to conduct a project under this shall submit interim reports to the secretary on activities carried out under the project, and, on conclusion of the project, a final report on the each such report shall include data on outcomes related to earnings, in health professions, graduation rate, timeliness, credential attainment, participant and other data specified by the to the each the secretary shall submit to the committee ways and means of the house of representatives the committee on finance of the senate ORG a on the demographics of the in the projects for which a grant is made this section; on the rate of which project all activities under on the employment credentials by project participants; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01517 fmt 6652 CARDINAL sfmt 6201 on the employment of project on completion of activities under the and the earnings of project at entry into employment; on best practices and promising used in the projects; on the nature of any technical provided to grantees under this section; on, with respect to the period since period covered in the most recent prior submitted under this the number of applications under this section, with a separate of the number of applications to in subsection (b)(5); the number of applications that approved, with a separate statement the number of such applications referred in subsection (b)(5); and a description of how grants were in any case described in the last of subsection (c)(1)(a)(ii); and that includes an assessment of the of the projects with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01518 fmt 6652 CARDINAL sfmt 6201 CARDINAL health professions workforce shortages in-demand jobs. this section: allied health term health has the meaning given in 799b(5 GPE ) of the public health service act. career term has the meaning given that term in section of the workforce innovation and opportunity term means an is certified by an organization that been established for not less than 5 years DATE that requires the completion of continuing to maintain the certification, to non-medical advice, information, emotional and physical comfort to an individual the pregnancy, childbirth, post-partum period; and maintains the certification by the required continuing education. eligible term means any of the following entities that in an application submitted under this 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01519 fmt 6652 sfmt 6201 that the entity has the capacity to fully develop administer the project described in the a local workforce development board under section 107 LAW of the workforce and opportunity act. a state or territory, a political of a state or territory, or an agency of state, territory, or such a political including a state or local entity that a state program funded under part a this title. an indian NORP tribe, a tribal organization, a tribal college or university. an institution of higher education (as in the higher education act of 1965 DATE ). a hospital (as defined in section a high-quality skilled nursing facility. a federally qualified health center defined in section 1861(aa)(4)). a nonprofit organization described in 501(c)(3 CARDINAL ) of the internal revenue code 1986 DATE , a labor organization, or an entity with labor-management oversight, that has a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01520 fmt 6652 sfmt 6201 history of providing health training to eligible individuals. in the case of a demonstration project provided of this section, an entity by a state, indian NORP tribe, or tribal as qualified to train doulas or midwives, midwives or doulas, as the case may be, are to practice in the state involved. an opioid treatment program (as in section 1861(jjj)(2)), and other high comprehensive addiction care providers. eligible term means an individual whose family income not exceed 200 percent PERCENT of the federal poverty federal poverty term poverty means the poverty line (as in section 673(2 LAW ) of the omnibus budget act of 1981 DATE , including any revision by such section applicable to a family of the involved). indian NORP tribe; tribal terms and the meaning given the terms in section 4 LAW of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01521 fmt 6652 sfmt 6201 CARDINAL self-determination and education assistance ( 25 u.s.c QUANTITY . 450b PRODUCT ). institution of higher term of higher has the given section 101 CARDINAL or of the higher education act of 1965 DATE . term means commonwealth ORG of puerto rico GPE , the united virgin islands, guam GPE , the northern mariana and american NORP samoa. tribal college or college or has the meaning the term in section 316(b) of the higher act of 1965 DATE . in of any funds in the of the united states GPE not otherwise there are appropriated to the secretary to out this section $ 425,000,000 MONEY for each of years 2022 DATE through 2026 DATE . allocation of the amount for a fiscal year DATE under paragraph ( 1 CARDINAL ) this $ 318,750,000 MONEY shall be available for under subsection (c)(1)(a); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01522 fmt 6652 sfmt 6201 $ MONEY 17,000,000 MONEY shall be reserved for under subsection (c)(1)(b); $ 21,250,000 MONEY shall be reserved for under subsection ( c)(1)(c DATE ); $ 25,5000,000 MONEY shall be available for project grants under subsection $ 25,500,000 MONEY , plus all amounts to in subparagraphs (a) through (d) of paragraph that remain unused after all awards are made for the fiscal year DATE , shall available for the provision of technical and associated staffing; and $ 17,000,000 MONEY shall be available for the effects of the demonstration and projects for which a grant is under this section, and for associated for the purpose of supporting the evaluation of the demonstration projects, supporting the continued study of the medium-, and long-term effects of all projects, including the effectiveness of new added elements of the non-demonstration 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01523 CARDINAL fmt 6652 CARDINAL sfmt 6201 relating to elder 134201 DATE . reauthorization of funding for to prevent and abuse, neglect, and long-term care staff training 2041 CARDINAL of the social security act ( 42 u.s.c QUANTITY . is amended to read as follows: 2041 CARDINAL . nursing home worker training grants. of any funds in the not otherwise appropriated, there is to the secretary for each of fiscal years DATE 2022 $ 392,000,000for MONEY grants under subsection $ 8,000,000 MONEY for grants under subsection and state in state shall be to receive from the secretary for each year DATE specified in subsection (a) a grant in amount equal to the amount allotted to the under subparagraph (b) of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01524 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL state amount to a state under this subparagraph for fiscal year DATE shall the amount made available by (a) for the fiscal year DATE that is required to be reserved by subsection multiplied by the number of state residents have attained 65 years of age DATE or are with a disability, as determined the secretary using the most recent of the american NORP community published by the bureau of the census a successor data set; divided by the total number of such of all states. grants to indian NORP tribes and tribal in secretary, in with the indian NORP tribes and tribal shall make grants in accordance with section to indian NORP tribes and tribal who operate at least 1 CARDINAL eligible setting. grant secretary, in with the indian NORP tribes and tribal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01525 fmt 6652 sfmt 6201 CARDINAL shall devise a formula for among indian NORP tribes and tribal the amount required to be reserved by (a) for each fiscal year DATE . state ORG , indian NORP tribe, or organization to which an amount is paid under paragraph may use the amount to make sub- to local organizations, including community local non-profits, elder rights and groups, and workforce development boards for purpose described in paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ) of (c). use of required state to which an is paid under subsection (b) shall use the provide wage subsidies to eligible provide student loan repayment or assistance to eligible individuals for a or certification in a field relevant to position guarantee affordable and accessible care for eligible individuals, including help 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01526 fmt 6652 CARDINAL sfmt 6201 referrals, co-pays, or other direct and provide assistance where necessary obtaining appropriate transportation, public transportation if available, or gas or transit vouchers for ride share, taxis, similar types of transportation if public unavailable or on work hours TIME or location. authorized state to which an is paid under subsection (b) may use the establish a reserve fund for financial to eligible individuals in emergency fees; provide in-kind resource donations, as interview clothing and conference provide assistance with programs and including legal assistance, deemed address arrest or conviction that are an employment barrier; support employers operating an setting in the state in providing employees 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01527 fmt 6652 CARDINAL sfmt 6201 not less than 2 weeks DATE of paid leave per or provide other support services the deems necessary to allow for recruitment and retention of workers. provision of funds only for the of eligible individuals in eligible state to which an amount is paid subsection (b) may provide the amount to only eligible individual or a partner organization an eligible individual. state to which amount is paid under subsection (b) shall not use amount to supplant the expenditure of any state for recruiting or retaining employees in an setting. state to which a grant is under subsection (b) shall reserve not more than 10 CARDINAL of the grant administer subgrants in accordance with section; provide technical assistance and support applying for and accessing such a subgrant publicize the availability of the subgrants; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01528 fmt 6652 sfmt 6201 CARDINAL carry out activities to increase the supply eligible individuals; and provide technical assistance to help find and train individuals to provide the for which they are contracted. this section: eligible term means an individual is a qualified home health aide, as in section 484.80(a LAW ) of title 42 DATE , code of regulations; is a nurse aide approved by the state meeting of sections through 483.154 CARDINAL of such title, and is in good standing on the state nurse aide is a personal care aide approved by state, and furnishes personal care services, defined in section 440.167 LAW of such title; is a qualified hospice aide, as defined section 418.76 CARDINAL of such title; or is a licensed practical nurse or a or certified social worker; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01529 fmt 6652 CARDINAL sfmt 6201 is receiving training to be certified or as such an aide, nurse, or social and provides (or, in the case of a trainee, to provide) services as such an aide, or social worker in an eligible setting. eligible term a skilled nursing facility, as defined section 1819 CARDINAL ; 1919 DATE ; 1891 DATE ; a nursing facility, as defined in a home health agency, as defined in a facility provider approved to deliver or community-based services authorized state options described in subsection (c) (i) of section 1915 LAW or, as relevant, projects authorized under section a hospice, as defined in section 1814 DATE ; a tribal assisted living facility. tribal term has the meaning given the term in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01530 fmt 6652 sfmt 6201 4 DATE of the indian NORP self-determination and assistance adult protective services functions and direct funding; state 2042 CARDINAL of the social security act ( 42 u.s.c QUANTITY . is in subsection in paragraph by striking and and by inserting adults who under a disability (as defined in before the and by striking paragraph ( 2 CARDINAL ) and the following: of any money in treasury not otherwise appropriated, there are to the secretary $ 8,000,000 MONEY for each of years 2023 through 2025 DATE to carry out this in subsection in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01531 fmt 6652 CARDINAL sfmt 6201 in subparagraph (a), by availability of appropriations and in subparagraph heading (i), by inserting the of after and in clause (ii), by the district of and by striking paragraph ( 5 CARDINAL ) and the following: of any money in treasury not otherwise appropriated, there are to the secretary for each of fiscal years DATE through $ 392,000,000 MONEY for grants to states this subsection; and $ 8,000,000 MONEY for grants to indian NORP and tribal organizations under this and in subsection (c), by striking ( 6 CARDINAL ) and inserting the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01532 fmt 6652 sfmt 6201 of any money in treasury not otherwise appropriated, there are to the secretary $ 75,000,000 MONEY for each fiscal years 2023 through 2025 DATE to carry out this state entitlement; grants to indian NORP and tribal 2042 CARDINAL such act ( 42 u.s.c QUANTITY . is in subsection (a)(1)(a), by striking and and inserting local, in subsection (b)(1), by striking shall annually DATE award grants to states the amounts calculated under paragraph inserting state shall be entitled to receive from the secretary in the calculated under paragraph ( 2 CARDINAL ), and secretary may annually DATE award to each tribe and tribal organization in accordance paragraph ( 3 CARDINAL ), in subsection in the paragraph heading, by a after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01533 fmt 6652 CARDINAL sfmt 6201 in subparagraph (a), by striking carry and inserting grants to and in subparagraph (b)(i), by and inserting grants states under this subsection for the and in subsection (b), by redesignating ( 3 CARDINAL ) through (5) as paragraphs ( 4 CARDINAL ) ( 6 CARDINAL ), respectively, and inserting after ( 2 CARDINAL ) the following: amount of payment to indian NORP tribe tribal secretary, in with indian NORP tribes and tribal organizations, determine the amount of any grant to be made each indian NORP tribe and tribal organization under subsection. paragraphs ( 4 CARDINAL ) and (5) shall apply grantees under this paragraph in the same in which the paragraphs apply to in subsection in paragraph ( 1 CARDINAL ), by striking and inserting states, indian NORP and tribal in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01534 fmt 6652 CARDINAL sfmt 6201 in the matter preceding (a), by inserting tribes and tribal and in subparagraph (d), by indian NORP tribe or tribal as the case may after in paragraph ( 4 CARDINAL ), by inserting tribe or tribal after the 1st ORDINAL place it appears; and in paragraph by inserting indian NORP tribe tribal after and by inserting indian NORP tribe tribal organization, as the case may after and by adding at the end the following: definitions of indian NORP tribe and tribal this section, the terms have the meanings given the in section of such act ( 42 u.s.c QUANTITY . 1397j(2)) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01535 fmt 6652 sfmt 6201 by striking services provided to adults as secretary may and inserting by an entity authorized by or under state address neglect, abuse, and exploitation of older and people with long-term care ombudsman program and 2043 CARDINAL of the social act ( 42 u.s.c QUANTITY . is in subsection (a), by striking paragraph ( 2 CARDINAL ) inserting the following: of any money in treasury not otherwise appropriated, there are to the secretary to carry out this $ 22,500,000 MONEY for fiscal year 2023 DATE ; and $ 30,000,000 MONEY for each of fiscal years DATE and and in subsection (b), by striking paragraph ( 2 CARDINAL ) inserting the following: of any money in treasury not otherwise appropriated, there are to the secretary $ 30,000,000 MONEY for each fiscal years 2023 through 2025 DATE to carry out this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01536 fmt 6652 CARDINAL sfmt 6201 incentives for developing and sustaining competency in providing health and ii of subtitle b of title xx of social security act ( 42 u.s.c QUANTITY . is by adding at the end the following: 2047 DATE . incentives for developing and structural competency in health and human services. grants to states to support linkages to services and medical legal of any money in treasury not otherwise appropriated, there are to the secretary $ 500,000,000 MONEY for year 2022 DATE , to remain available for the purposes this subsection through fiscal year 2028 DATE . 2 years DATE after the date of enactment of this section, the secretary shall and administer a program of grants to states support the adoption of evidence-based to establishing or improving and real-time linkages between health and social and supports for vulnerable elders or in with authorized representatives of elders, including through the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01537 fmt 6652 sfmt 6201 CARDINAL medical-legal establishment and support of medical-legal the incorporation of the in the elder justice framework and health human services safety net, and the and operation of such a partnership an eligible at the option of a state, in with an area agency on aging; in a solo provider practice in a professional shortage area (as section 332(a) of the public service act), a medically community (as defined in section of such act), or a rural area (as in section 330j LAW of such act); in a minority-serving institution higher learning with health, law, and services professional programs; in a federally qualified health as described in section 330 LAW of the health service act, or look-alike, as in section 1905(l)(2)(b LAW ) of this or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01538 CARDINAL fmt 6652 CARDINAL sfmt 6201 in certain hospitals that are access hospitals, medicare ORG -dependent sole community hospitals, rural hospitals, or that serve a high of medicare ORG or medicaid ORG legal hotlines development or provision of incentives to enhance, and integrate platforms, such as assistance hotlines, that help to facilitate identification of older adults who could from linkages to available legal services as those described in subparagraph (a). state state to which a is made under this subsection shall submit to secretary biannual DATE reports on the activities out by the state pursuant to this subsection, shall include assessments of the effectiveness the activities with respect the number of unique individuals through the mechanism outlined in (2)(b) who are referred to services in paragraph (2)(a), and the average period associated with resolving issues; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01539 DATE fmt 6652 sfmt 6201 the success rate for referrals to resources; and other factors determined relevant by secretary. secretary shall, by contract, or interagency agreement, evaluate activities conducted pursuant to this subsection, shall include a comparison among the states. supplement not to area agencies on aging, state units on eligible entities, or other community-based pursuant to this subsection shall be used supplement and not supplant any other federal, or local funds expended to provide the same comparable services described in this subsection. grants and training to support area on aging or other community-based to address social isolation among older adults and people with of any money in treasury not otherwise appropriated, there are to the secretary $ 250,000,000 MONEY , to available for the purposes of this subsection fiscal year 2028 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01540 fmt 6652 CARDINAL sfmt 6201 CARDINAL secretary shall make to eligible area agencies on aging or other organizations for the purpose conducting outreach to individuals at for, or already experiencing, social isolation through established screening or other methods identified by the developing community-based for the purposes of mitigating loneliness social isolation (including evidence-based as defined by the secretary, developed multi-stakeholder input for the purposes of social connection, mitigating social or loneliness, or preventing social or loneliness) among at-risk individuals; connecting at-risk individuals with social and clinical supports; and evaluating the effect of programs and implemented under subparagraphs and (c). secretary shall establish to provide and improve training for area on aging or community-based organizations respect to addressing and preventing social 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01541 fmt 6652 sfmt 6201 and loneliness among older adults and people disabilities. later than 3 years DATE the date of the enactment of this section and least once after fiscal year 2025 DATE , the secretary submit to the congress ORG a written report which the extent to which the programs under this subsection address social isolation loneliness among older adults and people with secretary shall with resource centers, grant programs, or funding mechanisms established under section of the older americans act LAW ( 42 u.s.c QUANTITY . section 417(a)(1) of such act ( 42 CARDINAL 3032f(a)(1)), or other programs as by the secretary. this section: area agency on term on means an area agency on aging under section 305 LAW of the older act of 1965 DATE . social term means objectively being alone, or having few or infrequent social contact. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01542 fmt 6652 CARDINAL sfmt 6201 subjectively feeling alone, or the discrepancy desired level of social connection and actual level of social connection. social term means the variety of ways one can to others socially, through physical, behavioral, and emotional channels. community-based includes, as otherwise provided by the secretary, a community-based organization, a consortium nonprofit community-based organizations, a nonprofit organization acting as an for a community-based organization, or a organization that has a fiscal that allows the organization to function as organization described in section 501(c)(3 LAW ) of the revenue code of 1986 DATE and exempt from under section 501(a) of such technical 2011(12)(a CARDINAL ) the social security act ( 42 u.s.c QUANTITY . 1397j(12)(a)) is by striking and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01543 fmt 6652 CARDINAL sfmt 6201 134202 DATE . appropriation for assessments. of any money in the treasury not otherwise there are appropriated to the secretary of and human services $ 5,000,000 MONEY for each of fiscal 2022 DATE through 2025 DATE to prepare and submit to the on ways and means of the house of and the committee on finance of the senate ORG , later than 3 years DATE after the date of enactment of this and at least once after fiscal year 2025 DATE , reports on programs, coordinating bodies, registries, and established or authorized under subtitle b of title xx the social security act ( 42 u.s.c QUANTITY . 1397l et seq.) or 6703(b) of the patient protection and affordable act ( 42 u.s.c QUANTITY . which shall assess the to which such programs, coordinating bodies, and activities have improved access to, and the of, resources available to aging americans NORP and caregivers to ultimately prevent, detect, and treat neglect, and exploitation, and shall include, as recommendations to congress ORG on funding levels policy changes to help these programs, coordinating registries, and activities better prevent, detect, and abuse, neglect, and exploitation of aging americans NORP . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01544 fmt 6652 CARDINAL sfmt 6201 nursing facilities 134301 CARDINAL . funding to improve the accuracy and of certain skilled nursing data. 1888 CARDINAL of the social security act ( 42 u.s.c QUANTITY . is in subsection in subparagraph (a), by striking data submitted under subsection inserting the data submitted under (e)(6), and, during the period beginning fiscal year 2024 DATE and ending with fiscal 2031 DATE , the resident assessment data in section 1819(b)(3 LAW ) and the direct staffing information described in section and in subparagraph by striking and inserting fiscal years 2023 DATE through and by adding at the end the following clause: fiscal years 2026 DATE through is appropriated to the out of any monies in the treasury 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01545 fmt 6652 CARDINAL sfmt 6201 CARDINAL otherwise appropriated, $ 50,000,000 MONEY the period of fiscal years 2026 DATE through for purposes of carrying out this and in subsection to and in clause in the header, by striking by striking fiscal and the following: failure to and by adding at the end the following subclause: during the period beginning fiscal year 2025 DATE and ending with year 2031 DATE , in the case of a nursing facility that submits under this paragraph, measures subsection (h), resident data described or direct care staffing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01546 fmt 6652 sfmt 6201 with respect to such fiscal that is inaccurate (as determined the secretary through the process described section or otherwise), after the percentage described in (5)(b)(i), and after of clauses (ii) and (iii) of (5)(b) and of subclause (i) of clause (if applicable), the shall reduce such percentage payment rates during such fiscal by 2 CARDINAL percentage 134302. ensuring accurate information on cost 1888(f) of the social security act ( 42 u.s.c QUANTITY . is amended by adding at the end the following paragraph: audit of cost is to the secretary, out of any monies in the not otherwise appropriated, $ 250,000,000 MONEY fiscal year 2023 DATE to remain available until for purposes of conducting an annual DATE audit with 2022 DATE and ending with 2031 DATE ) of cost 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01547 fmt 6652 CARDINAL sfmt 6201 submitted under this title for a sample of skilled nursing 134303 DATE . survey improvements. 1819 CARDINAL of the social security act ( 42 u.s.c QUANTITY . is amended by adding at the end the following subsection: survey in is appropriated to secretary, out of any monies in the treasury ORG not appropriated, $ 325,000,000 MONEY , for the period fiscal years 2022 DATE through 2031 DATE , for purposes conducting reviews and identifying under paragraph ( 2 CARDINAL ); and providing training, tools, technical and financial support in accordance paragraph ( 3 CARDINAL ). secretary shall conduct during the period specified in paragraph ( 1 CARDINAL ), (and, as appropriate, identify plans to improve) following: the extent to which surveys under subsection (g) and the process under subsection (h) result in compliance with requirements under section and subpart b of part 483 CARDINAL of title 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01548 fmt 6652 CARDINAL sfmt 6201 code of federal regulations, with respect skilled nursing facilities (in this subsection to as the timeliness and thoroughness of agency verification of deficiency at facilities. the appropriateness of the scoping substantiation of cited deficiencies at the accuracy of the identification appropriateness of the scoping of life infection control, and emergency deficiencies at facilities. the timeliness of state agency complaints at facilities; and reported allegations of abuse, and exploitation at facilities. the consistency of facility reporting substantiated complaints to law enforcement. the ability of the state agency to hire, train, and retain individuals conduct surveys. any other area related to surveys of or the individuals conducting such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01549 fmt 6652 sfmt 6201 determined appropriate by the on the review under ( 2 CARDINAL ), the secretary shall, during the period in paragraph ( 1 CARDINAL ), provide training, tools, assistance, and financial support to state that perform surveys of facilities for the of improving the surveys conducted under (g) and the enforcement process under (h) with respect to the areas reviewed paragraph 134304 DATE . nurse staffing requirements. 1819(d) of the social security act ( 42 u.s.c QUANTITY . is in paragraph (4)(a), by inserting any promulgated under paragraph and by adding at the end the following new nurse staffing is appropriated to secretary, out of any monies in the not otherwise appropriated, $ 50,000,000 MONEY the period of fiscal years 2022 DATE through 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01550 fmt 6652 CARDINAL sfmt 6201 for purposes of carrying out this later than 3 years DATE after date of the enactment of this paragraph, not less frequently than once every 5 years DATE the secretary shall, out of funds under subparagraph (a), conduct a and submit to congress ORG a report on the of establishing minimum staff resident ratios for nursing staff for skilled facilities. each such report shall with respect to the first ORDINAL such recommendations regarding minimum ratios of registered nurses practicable, practical (or licensed vocational nurses) and nursing assistants) to residents at skilled nursing facilities; and with respect to each subsequent report, recommendations regarding minimum ratios of registered licensed practical nurses (or vocational nurses), and certified 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01551 fmt 6652 CARDINAL sfmt 6201 CARDINAL assistants to residents at such nursing facilities. promulgation of in later than 2 after the secretary first ORDINAL submits a under subparagraph (b), the shall, out of funds appropriated subparagraph specify through regulations, with such report, minimum ratios (if any) of nurses (and, if practicable, practical nurses (or licensed nurses) and certified assistants) to residents at skilled facilities; and except as provided in clause require such skilled nursing to comply with such ratios. in addition the authority to waive the of clause (i)(ii) under section the secretary may waive the of such clause with respect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01552 fmt 6652 CARDINAL sfmt 6201 a skilled nursing facility if the finds the facility is located a rural area and the supply of nursing facility services in area is not sufficient to the needs of individuals therein; the secretary provides of the waiver to the state care ombudsman of the older act of 1965 DATE ) and the and advocacy system in state for the mentally ill; and the facility that such a waiver notifies of appropriate, the guardians legal representatives of such and members of their families of the waiver. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01553 fmt 6652 sfmt 6201 waiver in under this clause shall be to annual DATE renewal. than 2 after the submission of each report under subparagraph (b), the shall, out of funds appropriated subparagraph (a) and consistent such report, update the regulations in clause (i)(i) to reflect minimum ratios (if any) of nurses, licensed practical nurses (or vocational nurses), and certified assistants to residents at skilled dental, hearing, and coverage 134401 DATE . providing coverage for dental and health care under the medicare 1861(s)(2 CARDINAL ) of the social act ( 42 u.s.c QUANTITY . 1395x(s)(2)) is in subparagraph (gg), by striking the semicolon at the end; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01554 fmt 6652 sfmt 6201 in subparagraph (hh), by striking the at the end and adding and by adding at the end the following new subsection dental and oral health services (as defined dental and oral health services 1861 DATE of the social security act ( 42 1395x DATE ) is amended by adding at the end the new subsection: dental and oral health in term and oral means items and services (other such items and services for which payment may made under part a as inpatient hospital services) are furnished during 2028 DATE or a subsequent for which coverage was not provided under b as of the date of the enactment of this and that the preventive and screening services in paragraph ( 2 CARDINAL ) furnished by a of dental surgery or of dental medicine (as in subsection (r)(2)) or an oral health (as defined in paragraph (4)); or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01555 fmt 6652 CARDINAL sfmt 6201 the basic treatments specified for year DATE by the secretary pursuant to ( 3)(a CARDINAL ) and the major treatments for such year DATE by the secretary pursuant to (3)(b) furnished by such a doctor or a professional. preventive and screening preventive and screening services in this paragraph are the following: oral exams. dental cleanings. dental x-rays performed in the office a doctor or professional described in (1)(a). fluoride treatments. basic and major and each subsequent year, the secretary shall basic treatments (which may include tooth restorations, basic periodontal tooth extractions, and oral disease services); and major treatments (which may include tooth restorations, major periodontal bridges, crowns, and root canals); 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01556 fmt 6652 sfmt 6201 CARDINAL shall be included as dental and oral health for such year DATE . oral health term health means, with respect to and oral health services, a health professional than a doctor of dental surgery or of dental (as described in subsection (r)(2))) who is to furnish such services, acting within the of such license, by the state in which such are payment; coinsurance; and in 1833(a)(1 CARDINAL ) of the security act ( 42 u.s.c QUANTITY . 1395l(a)(1)) in subparagraph (n), by inserting dental and oral health services (as defined by striking before and by inserting before the semicolon at end the following: (ee) with respect dental and oral health services (as defined in 1861(lll CARDINAL )), the amount paid shall be the amount under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01557 fmt 6652 CARDINAL sfmt 6201 payment and limits of the social security act ( 42 u.s.c QUANTITY . 1395 DATE m) amended by adding at the end the following new payment and limits for dental and oral in payment amount this part for dental and oral health services defined in section 1861(lll LAW )) shall be, subject to ( 3 CARDINAL ), the applicable percent (specified in ( 2 CARDINAL )) of the lesser the actual charge for the service; or the amount determined under the basis determined under section 1848 LAW the service, or, in lieu of such amount, if appropriate by the secretary, an specified by the secretary for such under a fee schedule determined by the secretary, taking into account fee for such under the tricare program chapter 55 LAW of title 10 CARDINAL of the united code; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01558 fmt 6652 sfmt 6201 DATE under the health insurance under chapter 89 LAW of title 5 CARDINAL of such under state plans (or waivers of plans) under title xix; under medicare ORG advantage plans part c; established by the secretary of affairs; and established by other health care applicable purposes of ( 1 CARDINAL ), the applicable percent specified in paragraph is, with respect to dental and oral services (as defined in section 1861(lll LAW )) in a that are preventive and screening described in paragraph ( 2 CARDINAL ) or basic specified for such year DATE pursuant to ( 3)(a CARDINAL ) of such section, 80 percent PERCENT ; that are major treatments specified such year DATE pursuant to paragraph ( 3)(b CARDINAL ) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01559 fmt 6652 CARDINAL sfmt 6201 in the case such services are during 2028 DATE , 10 percent PERCENT ; in the case such services are during 2029 DATE or a subsequent year 2032 DATE , the applicable percent under this subparagraph for the year DATE , increased by 10 percentage and percent PERCENT . in the case such services are during 2032 DATE or a subsequent year DATE , respect to dental and health services that preventive and screening oral exams, may be made under this part for not than two CARDINAL such exams during a 12-month DATE dental cleanings, payment may be under this part for not more than two CARDINAL cleanings during a 12-month DATE period; and not described in subparagraph (a) or payment may be made under this part only such and under such determined appropriate by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01560 fmt 6652 CARDINAL sfmt 6201 use of bundled may make payment for dentures and professional services, and for any other dental oral health services, as bundled payments as the determines appropriate. limitation on judicial be no administrative or judicial review under 1869 DATE or otherwise determination payment under this subsection for dental and health services and under subsection (h)(6) subsection (z)(4) for dentures; the determination of what services basic and major services under (a) and (b) of section 1861(lll)(3); or the determination of the frequency circumstance limitations for dental and oral services under paragraph payment under physician fee in 1848(j)(3 CARDINAL ) of the security act ( 42 u.s.c QUANTITY . is by inserting before of the social security act ( 42 CARDINAL is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01561 fmt 6652 sfmt 6201 in subclause (ii), by striking at end; in subclause (iii), by striking the at the end and inserting and by adding at the end the following new with respect to 2028 DATE and subsequent year, is a doctor of surgery or of dental medicine described in section 1861(r)(2 LAW )) or an oral health professional (as in section inclusion of oral health of the social security act (42 1395u(b)(18)(c)) is amended by adding at end the following new clause: with respect to 2028 DATE and each year DATE , an oral health professional (as defined in in 1861(s)(8 DATE ) of the security act ( 42 u.s.c QUANTITY . 1395x(s)(8)) by striking than and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01562 DATE fmt 6652 sfmt 6201 by inserting excluding dental, for a full or partial set of dentures (as in section 1834(h)(6 LAW )) furnished on or january 1, after special payment 1834(h) of the security act ( 42 u.s.c QUANTITY . 1395m(h)) is by adding at the end the following paragraph: special payment rule for may be made under this part respect to an individual for not more than once during any 5-year DATE (except in the case that a doctor in section 1861(lll)(1)(a CARDINAL ) determines dentures do not fit the individual); and only to the extent that such dentures furnished pursuant to a written order of a doctor or application of competitive of the social security act u.s.c. 1395m(h)(1)(h)) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01563 fmt 6652 CARDINAL sfmt 6201 in the subparagraph heading, after by inserting of dentures in paragraph (2)(d) of such after and in clause (i), by inserting after conforming 1847(a)(2 CARDINAL ) of the social security act u.s.c. is amended by at the end the following new described in 1861(s)(8 DATE ) for which payment would be made under section exemption of certain items competitive 1847(a)(7 DATE ) of the social security act u.s.c. is amended by at the end the following new certain items services described in paragraph (2)(d) if by a physician or other practitioner 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01564 CARDINAL fmt 6652 sfmt 6201 defined by the secretary) to the own patients as part of the or professional exclusion 1862(a) of social security act ( 42 u.s.c QUANTITY . 1395y(a CARDINAL )) is in paragraph at the end; subparagraph (o), by striking in subparagraph (p), by striking the at the end and inserting and by adding at the end the following new in the case of dental and oral health (as defined in section 1861(lll LAW )) that are and screening services described in paragraph of such section, which are furnished more than provided under section 1834(z)(3 LAW ) or circumstances other than circumstances appropriate under subparagraph (c) of such and in paragraph ( 12 CARDINAL ), by inserting before the at the end the following: except that may be made under part b for dental and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01565 fmt 6652 sfmt 6201 CARDINAL health services that are covered under section and dentures under section certain in ( 1 CARDINAL ) and ( 4 CARDINAL ) of 1839(a CARDINAL ) of the social security act (42 1395r(a)) are amended by adding at the end each such paragraphs the following: applying paragraph there shall not be taken into account and administrative costs attributable to the made by section 134401 LAW (other than (g)) of an act to provide for pursuant to title ii of s. con. res. 14 CARDINAL and the contribution under section 1844(a) of such act u.s.c. 1395w(a)) is in paragraph ( 4 CARDINAL ), by striking the at the end and inserting by adding at the end the following new a government contribution equal to the that is estimated to be payable for benefits related administrative costs incurred that are to the amendments made by section (other than subsection (g)) of the an act to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01566 fmt 6652 sfmt 6201 for reconciliation pursuant to title ii of s. res. and in the flush matter at the end, by and inserting ( 4 CARDINAL ) and in addition to amounts available, the secretary of health and services (in this subsection referred to the shall provide for the from the federal supplementary medical trust fund under section 1841 LAW of social security act ( 42 u.s.c QUANTITY . 1395 DATE t) to centers for medicare & medicaid ORG services management account $ 20,000,000 MONEY for each of fiscal 2022 DATE through 2028 DATE for purposes of the amendments made by section; and such sums as determined by the secretary for each fiscal year DATE for purposes of the provisions of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01567 fmt 6652 CARDINAL sfmt 6201 availability and additional use transferred pursuant to (a) shall remain available until and may be used, in addition to the specified in subparagraph (a)(i), to the amendments made by sections and 134403 DATE . any provision of law, the secretary may implement, program instruction or otherwise, any of the of, or amendments made by, this section. paperwork reduction 35 CARDINAL title 44 CARDINAL , united states code, shall not apply to provisions of, or the amendments made by, this 134402 DATE . providing coverage for hearing care the medicare ORG program. provision of aural rehabilitation and services by qualified 1861(ll)(3) of the social security act ( 42 u.s.c QUANTITY . is amended by inserting beginning 1 CARDINAL , 2023, such aural rehabilitation and treatment after coverage of hearing 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01568 fmt 6652 CARDINAL sfmt 6201 CARDINAL inclusion of hearing aids as 1861(s)(8) of the social act ( 42 u.s.c QUANTITY . 1395x(s)(8)) is amended by and including hearing aids (as described section 1834(h)(7 CARDINAL )) furnished on or after october 2023 DATE , to individuals diagnosed with profound or hearing before the semicolon at the end. payment limitations for hearing 1834(h CARDINAL ) of the social security act u.s.c. 1395m(h)), as amended by section is further amended by adding at end the following new paragraph: limitations for hearing in may be under this part with respect to an with respect to hearing aids furnished or after october 1 DATE , not more than once during a 5- period; only for types of such hearing that are not over-the-counter hearing (as defined in section 520(q)(1 LAW ) of the food, drug, and cosmetic act) that are determined appropriate by secretary; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01569 fmt 6652 sfmt 6201 only if furnished pursuant to a order of a physician or qualified limitation on judicial shall be no administrative or judicial under section 1869 DATE or otherwise the determination of the types of aids paid for under subparagraph or the determination of fee schedule for hearing aids described in this application of competitive in 1834(h)(1)(h DATE ) social security act u.s.c. as amended by is further in the header, by inserting after by inserting of hearing aids in paragraph ( 2)(e CARDINAL ) of such after (2)(d) of such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01570 fmt 6652 sfmt 6201 in clause (i), by inserting such after conforming in 1847(a)(2 CARDINAL ) the social security act ( 42 u.s.c QUANTITY . as amended by section is further amended by at the end the following new hearing aids in section 1861(s)(8) for which payment otherwise be made under exemption of certain items competitive 1847(a)(7 DATE ) of the social security act u.s.c. as amended section 134401(e)(2)(b)(iii), is further by adding at the end the new subparagraph: certain hearing and services described paragraph if furnished by a physician or other (as defined by the secretary) to the or own patients as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01571 fmt 6652 sfmt 6201 of the or inclusion of audiologists as certain to receive payment on an of the social security act (42 1395u(b)(18)(c)), as amended by section is further amended by adding at the the following new clause: beginning october 1, 2023 DATE , a audiologist (as defined in section exclusion 1862(a)(7) the social security act ( 42 u.s.c QUANTITY . 1395y(a)(7)) is by inserting such hearing aids or therefor as described in and otherwise allowed section after aids or certain in last sentence of section of the social security act ( 42 u.s.c QUANTITY . as added by section 134401(g)(1 LAW ), is by striking 134401 DATE (other than and inserting 134401 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01572 fmt 6652 CARDINAL sfmt 6201 CARDINAL than subsection (g)), 134402 DATE (other than of of such act ( 42 u.s.c QUANTITY . 1395w(a)), as added section 134401(g)(2 CARDINAL ), is amended by striking 134401 DATE (other than subsection and 134401 DATE (other than subsection 134402 (other than subsection in addition to amounts available, the secretary of health and services (in this subsection referred to the shall provide for the from the federal supplementary medical trust fund under section 1841 LAW of social security act ( 42 u.s.c QUANTITY . 1395 DATE t) to centers for medicare & medicaid ORG services management account $ 20,000,000 MONEY for each of fiscal 2022 DATE through 2023 CARDINAL for purposes of the amendments made by section; and such sums as determined by the secretary for each 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01573 fmt 6652 sfmt 6201 fiscal year DATE for purposes of the provisions of such availability and additional use transferred pursuant to (a) shall remain available until and may be used, in addition to the specified in subparagraph (a)(i), to the amendments made by sections and 134403 DATE . any provision of law, the secretary may implement, program instruction or otherwise, any of the of, or amendments made by, this section. paperwork reduction 35 CARDINAL title 44 CARDINAL , united states code, shall not apply to provisions of, or the amendments made by, this 134403 DATE . providing coverage for vision care the medicare ORG program. 1861(s)(2 CARDINAL ) of the social act ( 42 u.s.c QUANTITY . 1395x(s)(2)), as amended by section is further in subparagraph (hh), by striking the semicolon at the end; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01574 fmt 6652 sfmt 6201 in subparagraph (ii), by striking the period the end and adding and by adding at the end the following new vision services (as defined in subsection vision services 1861 DATE of social security act ( 42 u.s.c QUANTITY . 1395x), as amended section 134401(b LAW ), is further amended by adding at end the following new subsection: vision term routine eye examinations to determine the state of the eyes, including procedures during the course of such examination; and contact lens fitting services; on or after october 1, 2022 DATE , by or under the supervision of an ophthalmologist or optometrist is legally authorized to furnish such examinations, or fitting services (as applicable) under state (or the state regulatory mechanism provided by state of the state in which the examinations, procedures, fitting services are payment 1834 DATE of the security act ( 42 u.s.c QUANTITY . 1395 DATE m), as amended by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01575 fmt 6652 CARDINAL sfmt 6201 134401(c)(2), is further amended by adding at the the following new subsection: limitation for vision to vision services (as defined in section 1861(mmm LAW )) an individual, payment may be made under this part only 1 CARDINAL routine eye examination described in paragraph of such section and 1 CARDINAL contact lens fitting service in paragraph ( 2 CARDINAL ) of such section during a 2-year DATE payment under physician fee 1848(j)(3 CARDINAL ) of the social security act ( 42 u.s.c QUANTITY . as amended by section 134401(d)(1 LAW ), is amended by inserting before coverage of conventional eyeglasses and in 1861(s)(8 DATE ) of the security act ( 42 u.s.c QUANTITY . 1395x(s)(8)), as by section 134402(b)(1 LAW ), is further by striking and including one CARDINAL pair of eyeglasses or contact lenses furnished to each cataract surgery with insertion of an and inserting including one CARDINAL pair conventional eyeglasses or contact lenses subsequent to each cataract surgery with of an intraocular lens, if furnished before 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01576 fmt 6652 CARDINAL sfmt 6201 1, 2022 DATE , and including conventional eyeglasses described whether or not furnished subsequent to a surgery, if furnished on or after october 1 DATE , of the social security act (42 1395u(b)(11)(a)) is amended by inserting prior to october 1, after special payment rules for eyeglasses and 1834(h CARDINAL ) of the security act ( 42 u.s.c QUANTITY . 1395m(h)), as amended is further amended by adding at the the following new paragraph: payment limitations for eyeglasses contact in respect to and contact lenses furnished to an on or after october 1, 2022 DATE , subject to (b), payment may be made under part 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01577 CARDINAL fmt 6652 sfmt 6201 during a 2-year DATE period, for either pair of eyeglasses (including lenses and or not more than a 2-year DATE supply contact lenses; with respect to amounts to the lenses and frames of such a of eyeglasses or amounts attributable such a 2-year DATE supply of contact lenses, an amount not greater for a pair of eyeglasses in, or a 2-year DATE supply of lenses beginning in, $ 85 MONEY for the lenses of pair of eyeglasses and $ 85 MONEY the frames of such pair of or $ 85 MONEY for such 2-year DATE of contact lenses; and for the lenses and frames of pair of eyeglasses furnished in, or a supply of contact lenses in, a subsequent year, the dollar specified under this for the previous year DATE , increased the percentage change in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01578 fmt 6652 CARDINAL sfmt 6201 CARDINAL price index for all urban (united states city GPE average) the 12-month DATE period ending with of the previous year DATE ; if furnished pursuant to a order of a physician described in 1861(lll DATE ); and if during the 2-year DATE period in clause (i), the individual did not receive (as described in (b)) one CARDINAL pair of conventional or contact lenses subsequent to a surgery with insertion of an lens furnished during such period. respect to a 2- period described in subparagraph (a)(i), in case of an individual who receives cataract with insertion of an intraocular lens, subparagraph (a), payment be made under this part for one CARDINAL pair of eyeglasses or contact lenses subsequent to such cataract surgery such period. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01579 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL limitation on judicial shall be no administrative or judicial under section 1869 DATE or otherwise the determination of the types of and contact covered this paragraph; or the determination of fee schedule under this subsection for eyeglasses contact application of competitive in 1834(h)(1)(h DATE ) social security act u.s.c. as amended by is further in the header by inserting and contact after by inserting of eyeglasses contact lenses described in paragraph of such after of such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01580 fmt 6652 sfmt 6201 in clause (i), by inserting or eyeglasses and contact after hearing conforming in 1847(a)(2 CARDINAL ) the social security act ( 42 u.s.c QUANTITY . as amended by section is further amended by at the end the following new and contact lenses in section 1861(s)(8 DATE ) for which payment otherwise be made under exemption of certain items competitive 1847(a)(7 DATE ) of the social security act u.s.c. as amended section 134401(e)(2)(b)(iii) and section is further amended by at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01581 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL certain eyeglasses and contact items and services described in (2)(f) if furnished by a physician or practitioner (as defined by the secretary) the or own patients part of the or exclusion 1862(a) the social security act ( 42 u.s.c QUANTITY . 1395y(a CARDINAL )), as by section 134401(f), is further in paragraph at the end; subparagraph (p), by striking in subparagraph (q), by striking the at the end and inserting and by adding at the end the following new in the case of vision services (as defined section 1861(mmm LAW )) that are routine eye and contact lens fitting services (as in paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ), respectively, of such which are furnished more frequently than during a 2-year DATE and in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01582 fmt 6652 sfmt 6201 by inserting than such an that is a vision service that is under section after and by inserting than such a that is a vision service that is covered section after of the certain in last sentence of section of the social security act ( 42 u.s.c QUANTITY . as added by section 134401(g)(1 LAW ) and by section 134402(d)(1 LAW ), is further by inserting and 134403 DATE (other than after (other than subsection of of such act ( 42 u.s.c QUANTITY . 1395w(a)), as added section 134401(g)(2 CARDINAL ) and amended by section is further amended by inserting 134403 DATE (other than subsection after (other than subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01583 fmt 6652 CARDINAL sfmt 6201 in addition to amounts available, the secretary of health and services (in this subsection referred to the shall provide for the from the federal supplementary medical trust fund under section 1841 LAW of social security act ( 42 u.s.c QUANTITY . 1395 DATE t) to centers for medicare & medicaid ORG services management account $ 20,000,000 MONEY for each of fiscal 2022 DATE and 2023 CARDINAL for purposes of the amendments made by this and such sums as determined by the secretary for each fiscal year DATE for purposes of the provisions of such availability and additional use transferred pursuant to (a) shall remain available until and may be used, in addition to the specified in subparagraph (a)(i), to the amendments made by sections and 134402 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01584 fmt 6652 CARDINAL sfmt 6201 any provision of law, the secretary may implement, program instruction or otherwise, any of the of, or amendments made by, this section. paperwork reduction 35 CARDINAL title 44 CARDINAL , united states code, shall not apply to provisions of, or the amendments made by, this and community 135001 DATE . amendment of 1986 DATE code. as otherwise expressly provided, whenever in subtitle an amendment or repeal is expressed in terms an amendment to, or repeal of, a section or other the reference shall be considered to be made to a or other provision of the internal revenue code 1986 DATE . financing financing 135101 CARDINAL . credit to issuer for certain bonds. in b of chapter 65 LAW is by inserting before section 6432 LAW the following section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01585 fmt 6652 sfmt 6201 6431a DATE . credit allowed to issuer for qualified bonds. in the case of a qualified bond, the issuer of such bond shall be allowed credit with respect to each interest payment under such which shall be payable by the secretary as provided subsection (b). payment of in secretary shall pay with each date on which interest paid, including any interest paid after the scheduled payment date) to the issuer of such (or, at the direction of the issuer, to any who makes such interest payments on behalf of issuer) an amount equal to the applicable of such interest so paid. applicable purposes this subsection, except as provided in subsection the applicable percentage with respect to any shall be determined under the following table: the case of a bond issued applicable percentage is: calendar year: through 2024 DATE and thereafter in amount of any payment taken account under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01586 fmt 6652 sfmt 6201 DATE ( 1 CARDINAL ) with respect to a bond for any date shall not exceed the amount of which would have been payable under bond for such payment date if interest determined at the applicable credit rate by the applicable amount for such for such payment date. applicable credit of subparagraph in applicable rate is the rate which the secretary will permit the issuance of infrastructure bonds with a specified or redemption date without and without additional interest cost the issuer. date of credit rate with respect to any infrastructure bond shall be as of the first day DATE on which there a binding, written contract for the sale exchange of the bond. applicable bonds with more than de original issue 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01587 fmt 6652 sfmt 6201 DATE case of any bond that has more than de minimis PERSON amount of original issue (determined under the rules of 1273(a)(3 CARDINAL )), the applicable amount for payment date is the issue price of such (within the meaning of section 148 LAW ), adjusted for any principal payments prior to such date. other the case of other bond, the applicable amount for payment date is the outstanding amount of such bond on such date (determined without taking into any principal payment on such on such date). qualified infrastructure in purposes of this the term infrastructure means bond (other than a private activity bond) issued part of an issue 100 percent PERCENT of the excess of available proceeds of such issue over the amounts a reasonably required reserve (within the of section 150(a)(3 LAW )) with respect to issue are to be used 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01588 DATE fmt 6652 sfmt 6201 CARDINAL capital expenditures or operations maintenance expenditures in with property the acquisition, or improvement of which would a capital expenditure, or payments made by a state or subdivision of a state to a custodian a rail corridor for purposes of the lease, sale, or acquisition of an railroad right-of-way consistent with 8(d CARDINAL ) of the national trails act of but only if the surface board has issued a certificate of trail use or notice of interim trail use purposes of authorizing such transfer, sale, or acquisition, the interest on such bond would (but this section) be excludable from gross under section 103 LAW , the issue price has not more than a minimis amount (determined under rules to the rules of section 1273(a)(3 CARDINAL )) of over the stated principal amount of bond, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01589 DATE fmt 6652 CARDINAL sfmt 6201 prior to the issuance of such bond, issuer makes an irrevocable election to have section apply. paragraph applicable purposes of not treated as federally purposes of section 149(b), a infrastructure bond shall not be as federally guaranteed by reason of the allowed under this section. purposes of section 148 LAW , the yield a qualified infrastructure bond shall be by the credit allowed under this section, that no such reduction shall apply in the amount of gross proceeds of an that qualifies as a reasonably required or replacement fund. definition and special of this interest includible in gross purposes of this title, interest on any infrastructure bond shall be includible in income. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01590 fmt 6652 sfmt 6201 available project project the excess the proceeds from the sale of an over issuance costs financed by the (to the extent that such costs do not 2 percent PERCENT of such proceeds), and the proceeds from any investment of excess described in subparagraph (a). current refundings in the case of a bond to refund a qualified infrastructure bond, refunding bond shall not be treated as a infrastructure bond for purposes of section the average maturity date of the of which the refunding bond is a part not later than the average maturity date the bonds to be refunded by such issue, the amount of the refunding does not exceed the outstanding of the refunded bond, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01591 fmt 6652 CARDINAL sfmt 6201 DATE the refunded bond is redeemed later than 90 days DATE after the date of the of the refunding bond, and the refunded bond was issued than 30 days DATE after the date of the of this section. applicable percentage applicable percentage with respect any bond to which subparagraph (a) applies be 28 percent PERCENT . determination of average purposes of subparagraph (a)(i), maturity shall be determined in with section 147(b)(2)(a LAW ). application of davis-bacon ORG act with respect to qualified iv of chapter 31 LAW title 40 CARDINAL , united states code, shall apply to financed with the proceeds of qualified bonds. secretary may prescribe regulations and other guidance as may be necessary appropriate to carry out this gross-up of payment to issuers in case of the case of any payment under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01592 fmt 6652 CARDINAL sfmt 6201 6431a DATE of the internal revenue code of 1986 DATE made the date of the enactment of this act to which applies, the amount of such payment shall be to an amount equal such payment (determined before such multiplied by the quotient obtained by dividing 1 CARDINAL by the by which 1 CARDINAL exceeds the percentage reduction such payment pursuant to such sequestration. purposes of this subsection, the term any reduction in direct spending ordered in with a sequestration report prepared by the director the office and management and budget pursuant to balanced budget and emergency deficit control act 1985 DATE or the statutory pay-as-you-go act of 2010 DATE . conforming section 1324(b)(2 LAW ) of title 31 CARDINAL , united code, is amended by striking and or the table of sections for subchapter b of 65 CARDINAL is amended by inserting before the item to section 6432 LAW the following new item: 6431a DATE . credit allowed to issuer for qualified infrastructure effective amendments made by section shall apply to bonds issued after december 2021 DATE . 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01593 fmt 6652 CARDINAL sfmt 6201 135102 DATE . advance refunding bonds. in 149(d GPE ) is by striking advance refund another in paragraph ( 1 CARDINAL ) and inserting part of issue described in paragraph ( 2 CARDINAL ), ( 3 CARDINAL ), or by redesignating paragraphs ( 2 CARDINAL ) and ( 3 CARDINAL ) as (5) and (7), respectively, by inserting after paragraph ( 1 CARDINAL ) the new paragraphs: certain private activity is described in this paragraph if any bond as part of such issue) is issued to advance a private activity bond (other than a qualified bond). other in issue is described this paragraph if any bond (issued as part of issue), hereinafter in this paragraph to as the is issued to refund a bond the refunding bond is the first ORDINAL advance refunding the original bond if the original is issued after 1985 DATE , or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01594 fmt 6652 CARDINAL sfmt 6201 CARDINAL the first ORDINAL or second ORDINAL advance of the original bond if the bond was issued before 1986 DATE , in the case of refunded bonds before 1986 DATE , the refunded bond is not later than the earliest date which such bond may be redeemed at or at a premium of 3 percent PERCENT or less, in the case of refunded bonds after 1985 DATE , the refunded bond is not later than the earliest date on such bond may be redeemed, the temporary period section 148(c) with respect to the proceeds the refunding bond not later than days DATE after the date of issue of such and with respect to the proceeds the refunded bond on the date of of the refunding bond, and in the case of refunded bonds to section 148(e) did not apply, on and the date of issue of the refunding the amount of proceeds of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01595 fmt 6652 CARDINAL sfmt 6201 DATE bond invested in higher yielding (as defined in section 148(b)) are nonpurpose investments (as in section 148(f)(6)(a)) does not the amount so invested as of a reasonably required reserve replacement fund or during an temporary period, and the amount which is equal the lesser of 5 percent PERCENT of the of the issue of which the bond is a part or $ 100,000 MONEY (to extent such amount is allocable to refunded bond). issuer must redeem only if service (ii) and of subparagraph (a) shall apply only the issuer may realize present value debt savings (determined without regard administrative expenses) in connection the issue of which the refunding bond a part. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01596 fmt 6652 CARDINAL sfmt 6201 DATE redemptions not required 90th ORDINAL purposes of (ii) and (iii) of subparagraph (a), earliest date referred to in such clauses not be earlier than the 90th day after DATE date of issuance of the refunding bond. abusive transactions issue is described in this paragraph if any bond as part of such issue) is issued to advance another bond and a device is employed in with the issuance of such issue to obtain material financial advantage (based on arbitrage) from savings attributable to lower interest and by inserting after paragraph ( 5 CARDINAL ) (as so the following new paragraph: special rules for purposes of purposes of paragraph ( 3 CARDINAL ), bonds before october 22, 1986 DATE , shall be taken into under subparagraph (a)(i) thereof a refunding which occurred before shall be treated as an advance refunding if the refunding bond was issued more 180 days DATE before the redemption of the bond, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01597 fmt 6652 CARDINAL sfmt 6201 a bond issued before 1986 DATE , shall be as advance refunded no more than once march 15 DATE , is amended by redesignating clauses ( xiv ORG ) (xvi) as clauses (xv) to (xvii), respectively, and inserting after clause (xiii) the following new clause: determination of initial purposes of subparagraph, the end of the initial temporary period shall be without effective amendments made by section shall apply to advance refunding bonds issued than 30 days DATE after the date of the enactment of this 135103 DATE . permanent modification of small exception to tax-exempt expense allocation rules for institutions. permanent increase in (c)(i DATE ), (d)(i), and (d)(iii)(ii) of section are each amended by striking inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01598 fmt 6652 sfmt 6201 CARDINAL permanent modification of other special 265(b)(3 CARDINAL ) is by redesignating clauses (iv), (v), and (vi) subparagraph (g) as clauses (ii), (iii), and (iv), and moving such clauses to the end of (h) (as added by paragraph ( 2 CARDINAL )), and by striking so much of subparagraph (g) as such clauses and inserting the following: qualified 501(c)(3 CARDINAL ) bonds treated issued by exempt the of a qualified 501(c)(3 CARDINAL ) bond (as defined section 145 LAW ), this paragraph shall be applied treating the 501(c)(3 CARDINAL ) organization for benefit such bond was issued as the special rule for qualified in the case of a financing subparagraph (f) shall not and any obligation issued as a of such issue shall be treated as qualified tax-exempt obligation if requirements of this paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01599 fmt 6652 sfmt 6201 met with respect to each qualified of the issue (determined by each qualified portion as a issue which is issued by the borrower with respect to such portion inflation 265(b)(3 CARDINAL ), as by subsection (b), is amended by adding at the the following new subparagraph: inflation of any calendar year DATE after 2021 DATE , the amounts contained in (c)(i), (d)(i), and (d)(iii)(ii) shall each increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for such year DATE , determined by substituting year DATE for year DATE in subparagraph (a)(ii) thereof. increase determined under the preceding shall be rounded to the nearest of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01600 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to obligations issued after the date the enactment of this act. 135104 DATE . modifications to qualified small issue manufacturing facilities to include of intangible property and functionally (c) of section is amended to read as follows: of this in term means any is used in the manufacturing production of tangible personal (including the processing in a change in the condition of property), is used in the creation or of property or is functionally related and to a facility described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01601 fmt 6652 sfmt 6201 (i) or (ii) if such facility is on the same site as the facility in subclause (i) or (ii). term includes facilities that are directly and ancillary to a manufacturing (determined without regard to this those facilities are located on same site as the manufacturing and not more than 25 percent PERCENT the net proceeds of the issue are to provide those facilities. rule similar to the rule of 142(b)(2 CARDINAL ) shall apply for purposes of (i). limitation on refundings certain (ii) (iii) of clause (i) shall not apply to bond issued on or before the date of enactment of the act to provide for pursuant to title ii CARDINAL of s. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01602 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL res. 14 CARDINAL , or to any bond issued to a bond issued on or before such date than a bond to which clause (iii) of subparagraph (as in effect before the of the enactment of such act) either directly or in a series of increase in 144(a)(4 DATE ) is by and inserting and in the heading, by striking and is amended by adding at the end the following subparagraph: adjustment for case of any calendar year DATE after 2021 DATE , the amount in subparagraph (a) shall increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the year DATE , determined by substituting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01603 fmt 6652 sfmt 6201 year DATE for year DATE in subparagraph (a)(ii) thereof. any amount as increased under the preceding is not a multiple of $ 100,000 MONEY , such shall be rounded to the nearest multiple effective amendments made by section shall apply to obligations issued after the date the enactment of this act. 135105 DATE . expansion of certain exceptions to the activity bond rules for first- farmers. increase in dollar in 147(c)(2)(a) by striking and repeal of separate lower dollar on used farm is amended by striking subparagraph (f) by redesignating subparagraphs (g) and (h) as (f) and (g), respectively. qualified small issue bond limitation to increased dollar 144(a)(11)(a) amended by striking and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01604 fmt 6652 CARDINAL sfmt 6201 inflation in 147(c)(2)(g), redesignated by paragraph ( 2 CARDINAL ), is by striking 2008 CARDINAL , the dollar in subparagraph (a) shall be and inserting 2021 DATE , the amounts in subparagraph (a) and 144(a)(11)(a) shall each be and in clause (ii), by striking inserting is amended by adding at the end the new subparagraph: inflation adjustment of dollar amount contained in (a), see section substantial farmland determined on of average rather than median farm 147(c)(2)(e CARDINAL ) is amended by striking and inserting effective amendments made by section shall apply to bonds issued after the date of enactment of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01605 DATE fmt 6652 CARDINAL sfmt 6201 135106 DATE . certain water and sewage facility exempt from volume cap on activity bonds. in 146(g) is amended by at the end of paragraph ( 3 CARDINAL ), striking the at the end of paragraph ( 4 CARDINAL ) and inserting inserting after paragraph ( 4 CARDINAL ) the following new any exempt facility bond issued as part of issue described in paragraph ( 4 CARDINAL ) or ( 5 CARDINAL ) of section if 95 percent PERCENT or more of the net proceeds of issue are to be used to provide facilities will be by a person who was, as of july 2020 DATE , engaged in operation of a facility in such paragraph, and to provide service within the area by such person on such date (or a county or city any portion of is within such area), or will be used by a successor in interest such person for the same use and within the service area as described in subparagraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01606 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to bonds issued after the date of enactment of this act. 135107 DATE . exempt facility bonds for zero CARDINAL -emission infrastructure. in 142 CARDINAL is in subsection in paragraph ( 14 CARDINAL ), by striking at end, in paragraph ( 15 CARDINAL ), by striking the at the end and inserting and by adding at the end the following new zero CARDINAL -emission vehicle by adding at the end the following new zero CARDINAL -emission vehicle in purposes of subsection the term vehicle means any property (not including a building its structural components) if such property is of a unit vehicles, is used to charge or fuel 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01607 fmt 6652 CARDINAL sfmt 6201 DATE or fueled, is located where the vehicles are is of a character subject to the for depreciation (or amortization in lieu of the general public, is made available for use by members accepts payment via a credit card including a credit card reader that uses technology, and is capable of charging or fueling produced by more than one CARDINAL manufacturer the meaning of section 30d(d)(3)). inclusion of utility service term vehicle shall include any utility service utility panel upgrades, line extensions and transformer upgrades, or similar property, connection with property meeting the of paragraph ( 1 CARDINAL ). zero CARDINAL -emissions a zero CARDINAL -emission vehicle as defined in of title 40 DATE , code of federal or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01608 fmt 6652 sfmt 6201 a vehicle that produces zero CARDINAL exhaust of any criteria pollutant (or precursor or greenhouse gas under any possible modes and conditions. zero CARDINAL -emissions vehicle located within other facilities or purposes of subsection (a), any vehicle infrastructure located a facility or project described in (a), or an area adjacent to a facility or described in subsection (a) that serves vehicles traveling to or from such or project, be treated as described in the paragraph in such facility or project is described. exception for refueling property fleet (d), (e), (f) of paragraph ( 1 CARDINAL ) shall not apply to property is part of a unit which is used exclusively by of commercial or governmental effective amendments made by section shall apply to obligations issued after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01609 fmt 6652 CARDINAL sfmt 6201 135108 DATE . application of davis-bacon ORG act with respect to certain exempt bonds. in 142(b) is amended by at the end the following new paragraph: application of davis-bacon ORG act with respect to certain exempt any proceeds of any issue are for construction, alteration, or repair of any otherwise described in paragraph ( 4 CARDINAL ), ( 5 CARDINAL ), ( 15 CARDINAL ), ( 16 CARDINAL ) of subsection (a), such facility shall be for purposes of subsection (a) as described in paragraph only if each entity that receives such to conduct such construction, alteration, or agrees to comply with the provisions of iv of chapter 31 LAW of title 40 CARDINAL , united states GPE with respect to such construction, alteration, or effective amendment made by section shall apply to bonds issued after the date of enactment of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01610 fmt 6652 CARDINAL sfmt 6201 CARDINAL provisions related to financing 135111 DATE . credit for operations and maintenance in b of chapter 65 LAW , as by the preceding provisions of this act, is by inserting before section 6432 LAW the following new 6431b DATE . credit for operations and maintenance in the case of any eligible entity, there shall be allowed a credit equal to applicable percentage of the qualified broadband paid or incurred by such entity during the taxable which credit shall be payable by the secretary as in subsection (b). payment of receipt from an governmental entity of such information as the may require for purposes of carrying out this the secretary shall pay to such entity the amount the credit determined under subsection (a) for the year DATE . expenses taken into account under this section 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01611 CARDINAL fmt 6652 CARDINAL sfmt 6201 any taxable year DATE with respect to any qualified network shall not exceed the product of $ 400 MONEY by the number of qualified households to the qualified broadband service provided by network (determined as of any time during such year DATE ). purposes of this applicable term in the case of any taxable year in 2021 DATE through 2026 DATE , 30 percent PERCENT , in the case of any taxable year DATE in 2027 DATE , 26 percent PERCENT , and in the case of any taxable year DATE in 2028 DATE , 24 percent PERCENT . eligible governmental governmental any state, local, or indian NORP tribal any political subdivision or of any government described in (a), and any entity wholly owned by one CARDINAL or entities described in subparagraph (a) or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01612 fmt 6652 sfmt 6201 DATE purposes of this paragraph, the term any possession of the united states GPE . qualified broadband broadband means so much the amounts paid or incurred for the operation maintenance of a qualified broadband network are properly allocable to qualified households to the qualified broadband service provided such network. qualified means a personal residence is located in a low-income community defined in section 45d(e LAW )), and did not have access to qualified service from the eligible entity (determined as of the beginning the taxable year of such entity). qualified broadband broadband means property by an eligible governmental entity and used the purpose of providing qualified broadband qualified broadband broadband means fixed, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01613 fmt 6652 CARDINAL sfmt 6201 CARDINAL broadband service providing downloads at a of at least 25 CARDINAL megabits per second ORDINAL and at a speed of at least 3 CARDINAL megabits per second. taxable as otherwise by the secretary, the term with respect to any eligible governmental the fiscal year DATE of such entity. special purposes of (d)(3), amounts shall be treated as properly if allocated ratably among the subscribers the qualified broadband service. denial of double expenses shall not include any amount is paid or reimbursed (directly or indirectly) any grant from the federal government. secretary may prescribe regulations and other guidance as may be necessary appropriate to carry out this section. credit shall be allowed this section for any taxable year DATE beginning after 31 DATE , payments made under section 6431b(b LAW ) of revenue code of 255(h) of balanced budget and emergency deficit control act 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01614 fmt 6652 CARDINAL sfmt 6201 1985 DATE (2 u.s.c. 905(h)) is amended by inserting: made under section 6431b(b LAW ) of the internal code of after the item related to payments foster care and permanency. conforming section 1324(b)(2 LAW ) of title 31 CARDINAL , united code, as amended by the preceding provisions this act, is amended by striking and or the table of sections for subchapter b of 65 CARDINAL , as amended by the preceding provisions this act, is amended by inserting before the item to section 6432 LAW the following new item: 6431b DATE . credit for operations and maintenance costs of government- effective amendments made by section shall apply to taxable years DATE beginning after 31, 2020 DATE . markets tax credit 135201 DATE . permanent extension of new markets credit. temporary limit increase and permanent 45d(f)(1) is amended by striking at the end of subparagraph (g) and by striking (h) and inserting the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01615 fmt 6652 CARDINAL sfmt 6201 $5,000,000,000 MONEY for each of calendar 2020 DATE and 2021 DATE , $ 7,000,000,000 MONEY for calendar year $ 6,000,000,000 MONEY for calendar year and $ 5,000,000,000 MONEY for calendar year and each calendar year alternative minimum tax is by redesignating clauses (v) through (xii) as (vi) through (xiii), respectively, and by inserting after clause (iv) the following clause: the credit determined under 45d DATE , but only with respect to credits with respect to qualified equity (as defined in section 45d(b)) made after december 31 DATE , inflation 45d(f CARDINAL ) is by adding at the end the following new inflation in the case of any year beginning after 2024 DATE , the dollar 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01616 fmt 6652 CARDINAL sfmt 6201 CARDINAL paragraph ( 1)(h DATE ) shall be increased by amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the year DATE , determined by substituting year DATE for year DATE in subparagraph (a)(ii) thereof. rounding subparagraph (a) which is not a multiple $1,000,000 MONEY shall be rounded to the nearest of conforming 45d(f)(3) amended by striking the last sentence. effective in as otherwise in this subsection, the amendments made by section shall apply to new markets tax credit determined for calendar years after 2021 DATE . alternative minimum tax made by subsection (b) shall apply to determined with respect to qualified equity (as defined in section 45d(b) of the revenue code of 1986 DATE ) initially made after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01617 fmt 6652 sfmt 6201 CARDINAL tax credit 135301 DATE . determination of credit percentage. in 47(a)(2 DATE ) is amended by and inserting applicable applicable 47(a) is by adding at the end the following new applicable purposes this subsection, the term the percentage determined in accordance with following table: the case of taxable years DATE applicable percentage is: 2020 DATE .......................................... 20 percent PERCENT 2020 DATE through 2025 DATE ......................... 30 percent PERCENT 2026 DATE ................................................. 26 percent PERCENT 2027 DATE ................................................. 23 percent PERCENT 2027 DATE ............................................ 20 percent PERCENT application of percentages to year the case of qualified expenditures with respect to the qualified building that are paid or incurred in 2 CARDINAL or taxable years DATE for which there is a different percentage under paragraph ( 3 CARDINAL ), the ratable shall be determined by applying to such the applicable percentage corresponding 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01618 fmt 6652 CARDINAL sfmt 6201 the taxable year in which such expenditures were or effective amendments made by section shall apply to property placed in service after 31, 2021. DATE 135302. increase in the rehabilitation credit certain small projects. in 47 DATE is amended by adding the end the following new subsection: special rule regarding certain smaller in the case of any smaller the applicable percentage determined subsection (a)(3) shall be 30 percent PERCENT , and the qualified rehabilitation taken into account under this section with such project shall not exceed smaller purposes of this the term means the of any qualified rehabilitated building the qualified rehabilitation taken into account under this section (or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01619 fmt 6652 sfmt 6201 would be so taken into account but for (1)(b)) with respect to such do not exceed $ 3,750,000 MONEY , no credit was allowed under this with respect to such building to any for either of the 2 CARDINAL taxable years DATE preceding the first ORDINAL taxable year in which described subparagraph (a) paid or incurred, and the taxpayer elects (at such time and as the secretary may provide) to have subsection apply with respect to such effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 135303 DATE . modification of definition of rehabilitated. in 47(c)(1)(b)(i)(i CARDINAL ) by inserting percent before effective amendment made by (a) shall apply to determinations with respect 24-month DATE periods (referred to in clause (i) of section of the internal revenue code of 1986 DATE ) and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01620 fmt 6652 CARDINAL sfmt 6201 CARDINAL periods (referred to in clause (ii) of such which end after december 31, 2021 DATE . 135304 DATE . elimination of rehabilitation credit adjustment. in 50(c) is amended by at the end the following new paragraph: exception for rehabilitation the case of the rehabilitation credit, ( 1 CARDINAL ) shall not treatment in case of credit allowed to 50(d) is amended by adding at the end following: the case of the rehabilitation credit, (5)(b) of the section 48(d) referred to in (5) of this subsection shall not effective amendments made by section shall apply to property placed in service after 31, 2022 DATE . 135305 DATE . modifications regarding certain use property. in 47(c)(2)(b)(v) is by adding at the end the following new subclause: to apply only in case of purposes subclause (i), except in the case of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01621 fmt 6652 CARDINAL sfmt 6201 CARDINAL tax-exempt entity described in 168(h)(2)(a)(i DATE ) (determined regard to the last sentence of 168(h)(2)(a DATE )), the determination whether property is tax-exempt use shall be made under section without regard to whether the is leased in a disqualified effective amendments made by section shall apply to leases entered into after 31, 2021. DATE 135306 DATE . qualification of rehabilitation for public school buildings rehabilitation credit. in 47(c)(2)(b)(v), as by the preceding provisions of this act, is amended by at the end the following new subclause: clause not to apply to clause shall apply in the case of the of any building which was used a qualified public educational (as defined in section 142(k)(1 LAW ), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01622 fmt 6652 CARDINAL sfmt 6201 without regard to (b) thereof) at any time the 5-year DATE period ending on date that such rehabilitation and which is used as such a immediately after such later than the date which is 5 CARDINAL after the date of the enactment of this act, the of the treasury, after consultation with the heads appropriate federal agencies, shall report to congress the effects resulting from the amendment made by (a), the number of qualified public education rehabilitated (stated separately with respect each state) and the number of students using facilities (stated separately with respect to each state), the number of qualified public education rehabilitated in low income communities (as 45d(e)(1) of the internal revenue code of and the number of students using such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01623 fmt 6652 CARDINAL sfmt 6201 the amount of qualified rehabilitation for each qualified public education facility and and any other data determined by the to be useful in evaluating the impact of such effective amendment made by section shall apply to property placed in service after 31, 2021 DATE . and resiliency 135401 DATE . exclusion of amounts received from catastrophe loss programs. in 139 CARDINAL is amended by subsection (h) as subsection (i) and by inserting subsection (g) the following new subsection: state-based catastrophe loss mitigation in income shall not any amount received by an individual as a catastrophe mitigation payment under a established by a state, or a political or instrumentality thereof, for the purpose making such payments. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01624 fmt 6652 CARDINAL sfmt 6201 qualified catastrophe mitigation purposes of this section, the term catastrophe mitigation means amount which is received by an individual to improvements to such residence the sole purpose of reducing the damage that be done to such residence by a windstorm, or wildfire. no increase in similar to rules of subsection (g)(3) shall apply in the case this conforming section 139(d) is amended by striking and inserting qualified catastrophe payments, and section 139(i) (as redesignated by (a)) is amended by striking inserting qualified catastrophe mitigation or effective amendments made by section shall apply to taxable years DATE beginning after 31, 2020 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01625 fmt 6652 CARDINAL sfmt 6201 135402 DATE . repeal of temporary limitation on casualty losses. in 165(h) is amended by paragraph ( 5 CARDINAL ). extension of period of limitation on claim in certain the case of claim for credit or refund which is properly allocable a loss which deductible under section 165(a) of the revenue code of 1986 DATE , described in revenue procedure 2017 CARDINAL -60 modified by revenue procedure 2018-14 DATE ), and claimed for a taxable year beginning after 31, 2016 DATE , period of limitation prescribed in section 6511 of the revenue code of 1986 DATE for the filing of such claim be treated as not expiring earlier than the date that 1 year DATE after the date of the enactment of this act. effective amendment made by (a) shall apply to losses incurred in taxable beginning after december 31, 2017 DATE . secretary of the treasury ORG the delegate) shall issue such regulations other guidance as are necessary to implement the made by this section, including regulations or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01626 fmt 6652 sfmt 6201 CARDINAL consistent with revenue procedure (as modified). 135403 DATE . credit for qualified wildfire expenditures. in b of part iv of a of chapter 1 LAW is amended by inserting after 27 CARDINAL the following new section: 28 CARDINAL . qualified wildfire mitigation in shall be allowed as a against the tax imposed by this chapter for the taxable an amount equal to 30 percent PERCENT of the qualified mitigation expenditures paid or incurred by the during such taxable year DATE with respect to real owned or leased by the taxpayer. qualified wildfire mitigation purposes of this in term wildfire means any specified wildfire expenditure made pursuant to a qualified wildfire mitigation program of a state which expenditures for wildfire mitigation to be both by the taxpayer and such state. such shall not include any item of expenditure the ratio of the expenditure for such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01627 fmt 6652 sfmt 6201 to the sum of the and for such item is not less than 25 percent PERCENT . specified wildfire mitigation term wildfire mitigation means, with respect to any real owned or leased by the taxpayer, any amount or incurred to reduce the risk of wildfire by accumulations of vegetation (including expanding, or maintaining fuel breaks to as fire breaks) on such real property. qualified state wildfire mitigation term state wildfire means any program of a state the purpose of which is to mitigate the risk of in such state. treatment of originally paid or incurred by the taxpayer is reimbursed by a state under a qualified mitigation program of such state shall be as paid by such state (and not by such application with other business credit treated as part of business much of the credit would be allowed under subsection (a) for any 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01628 fmt 6652 sfmt 6201 year DATE (determined without regard to this that is attributable to expenditures made in ordinary course of the trade or (or, in the case of expenditures made by a would have been expenditures made in the course of the trade or business if by the taxpayer) shall be treated as a credit in section 38(b LAW ) for taxable year DATE (and not under subsection (a)). personal purposes of this the credit allowed under subsection (a) for any year DATE (determined after application of (1)) shall be treated as a credit allowable subpart a for such taxable year DATE . reduction of credit percentage where expenditures less than 30 CARDINAL in the expenditure with respect to any item of qualified wildfire expenditure is less than 30 percent PERCENT , (a) shall be applied by substituting for with respect such item of expenditure. expenditure of this section, the term means, with respect to any item of qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01629 fmt 6652 CARDINAL sfmt 6201 CARDINAL mitigation expenditure any portion of which paid or incurred by a state, the ratio (expressed a percentage) divided by the expenditure for such the sum of the and such expenditures for such item. special treatment of expenditures related marketable expenditure shall not taken into account for purposes of this section made by the taxpayer or a state pursuant a qualified state wildfire mitigation program of state) if such expenditure is properly allocable timber which is sold or exchanged by the the preceding sentence shall not apply to the that such amount exceeds the gain on such or exchange. basis purposes of this if the basis of any property would (but for paragraph) be determined by taking into any qualified wildfire mitigation expenditure, basis of such property shall be reduced by the of the credit allowed under subsection (a) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01630 fmt 6652 sfmt 6201 CARDINAL respect to such expenditure (determined regard to subsection (c)). denial of double of any deduction or other credit allowable this chapter for any expenditure for which a is allowable under subsection (a) shall be by the amount of credit allowed under such for such expenditure (determined without to subsection conforming section 38(b CARDINAL ), as amended by the preceding of this act, is amended by striking the end of paragraph ( 33 CARDINAL ), by striking the period the end of paragraph ( 34 CARDINAL ) and inserting by adding at the end the following new the portion of the qualified wildfire expenditures credit to which section 28(c)(1 CARDINAL ) section 1016(a) is amended by paragraphs ( 35 CARDINAL ) through (38) as paragraphs through (39), respectively, and by inserting paragraph ( 34 CARDINAL ) the following new paragraph: extent provided section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01631 fmt 6652 sfmt 6201 the table of sections for subpart b of part of subchapter a of chapter 1 LAW is amended by after the item relating to section 27 LAW the new item: 28 CARDINAL . qualified wildfire mitigation effective amendments made by section shall apply to expenditures paid or incurred the date of the enactment of this act, in taxable ending after such date. income housing tax credit 135501 DATE . increases in state allocations. in 42(h)(3)(i) is amended to as follows: increase in state housing credit for 2022 DATE through in the case of years 2022 DATE through 2028 DATE , the dollar under subclauses (i) and (ii) of (c)(ii) for any such calendar be determined under clause (ii) and accordance with the following table: the case of calendar year: (i) be: (ii) be: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01632 fmt 6652 sfmt 6201 the case of calendar year: (i) be: (ii) be: inflation adjustment for 2027 DATE , and the case of years 2026, 2027 DATE , and 2028 DATE , the (i) and (ii) dollar amounts shall the respective dollar amounts to calendar year 2025 in the under clause (i) each increased by an equal such dollar amount, by the cost-of-living determined under section 1(f)(3) such calendar year by substituting year for in paragraph (a)(ii) increase under this clause shall be to the nearest cent in the case of subclause (i) amount and the nearest in the case of the subclause (ii) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01633 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to calendar years DATE beginning after 31, 2021 DATE . 135502. tax-exempt bond financing in 42(h)(4)(b CARDINAL ) is amended adding at the end the following: preceding shall be applied by substituting for in the case of any building which is financed by obligation issued in calendar year 2022 DATE , 2023 DATE , 2024 DATE , 2026 DATE , 2027 DATE , or 2028 DATE (and not by any obligation on the application of this subparagraph is based during taxable year DATE beginning during calendar year 2019 DATE , or effective amendment made by section shall apply to buildings placed in service in years DATE beginning after december 31, 2021. DATE 135503. buildings designated to serve low-income households. reserved state in 42(h PERSON ) is by redesignating paragraphs ( 6 CARDINAL ), (7), (8) as paragraphs (7), (8), and (9), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01634 fmt 6652 sfmt 6201 by inserting after paragraph ( 5 CARDINAL ) the new paragraph: portion of state ceiling set-aside projects designated to serve extremely in more than 90 CARDINAL of the portion of the state housing ceiling amount described in paragraph for any state for any calendar year be allocated to buildings other than described in subparagraph (b). buildings building described in this subparagraph if 20 percent PERCENT more of the residential units in such building rent-restricted (determined as if the income limitation applicable to such units 30 percent PERCENT of area median gross income) are designated by the taxpayer for by households the aggregate household of which does not exceed the greater or 30 percent PERCENT of area median gross 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01635 fmt 6652 CARDINAL sfmt 6201 100 percent PERCENT of an amount equal the federal poverty line (within the of section 36b(d)(3 LAW )). state may not override set- in subparagraph (f) of ( 3 CARDINAL ) shall be construed to permit a state to comply with subparagraph (a) of this not apply to allocations after december DATE is amended by striking and increase in (5) of section is amended by adding at the end the following new increase in credit for projects to serve extremely in the case of any which is described in (h)(6)(b), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01636 fmt 6652 sfmt 6201 which is designated by the credit agency as requiring the in credit under this in order for such building to be feasible as part of a low-income housing project, (b) shall not apply to the of such building which is comprised such units, and the eligible basis of such of the building shall be 150 CARDINAL of such basis determined without to this subparagraph. allocation rules applicable projects to which clause (i) state housing credit any calendar year, the credit agency shall not more than 15 percent PERCENT of the of the state housing credit ceiling to buildings to which (i) applies, and private activity bond the case of projects 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01637 fmt 6652 CARDINAL sfmt 6201 by tax-exempt bonds as in subsection (h)(4), for any year DATE , the state shall not more than 10 percent PERCENT of the activity bond volume cap as in section 146(d)(1 LAW ) to to which clause (i) applies. shall not apply to allocations after 31 DATE , effective amendments made by section shall apply to allocations, and determinations, housing credit dollar amount after december 31, 2021. DATE 135504 DATE . inclusion of rural areas as difficult areas. of is amended by inserting before the period following: and any rural is amended by redesignating subclause (ii) subclause (iii) and by inserting after subclause (i) the new subclause: rural of subclause (i), the term means any non-metropolitan 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01638 fmt 6652 CARDINAL sfmt 6201 DATE or any rural area as defined by 520 CARDINAL of the housing act of which is identified by the allocation plan under subsection effective amendments made by section shall apply to buildings placed in service after 31, 2021. DATE 135505 DATE . repeal of qualified contract option. termination of option for certain in (ii) of section as redesignated by section 135503 LAW , is by inserting the case of a building in clause before the last buildings of section 42(h)(7), as so redesignated, is by adding at the end the following new described in this clause is a which received its allocation housing credit dollar amount before 1, 2022 DATE , or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01639 fmt 6652 CARDINAL sfmt 6201 in the case of a building portion of which is financed as in paragraph ( 4 CARDINAL ), which before january 1, 2022 DATE , a from the issuer of the bonds or the housing agency that the building is eligible receive an allocation of housing dollar amount under the rules paragraphs ( 1 CARDINAL ) and ( 2 CARDINAL ) of rules relating to existing (f) of section 42(h)(7), as redesignated by 135503 DATE , is amended by striking and all that follows and inserting portion and the low-income portion of the for fair market value (determined by the housing agency by taking into account the rent restrictions for the low-income portion of the building to to meet the standards of paragraphs ( 1 CARDINAL ) and ( 2 CARDINAL ) of (g)). the secretary shall prescribe such as may be necessary or appropriate to carry out this conforming 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01640 fmt 6652 CARDINAL sfmt 6201 CARDINAL paragraph ( 7 CARDINAL ) of section 42(h), as by section 135503 LAW , is amended by striking (g) and by redesignating (h), (i), (j), and (k) as subparagraphs (g), (i), and (j), respectively. subclause (ii) of section 42(h)(7)(e)(i), as redesignated and as amended by subsection (a), further amended by striking inserting effective in as provided in ( 2 CARDINAL ), the amendments made by this section take effect on the date of the enactment of this subsection amendments made subsection (b) shall apply to buildings with to which a written request described in section of the internal revenue code of 1986 DATE , redesignated by section 135503 LAW and subsection is submitted after the date of the enactment of act. 135506 DATE . modification and clarification of relating to building purchase. modification of right of first 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01641 fmt 6652 CARDINAL sfmt 6201 in (a) of section is amended by striking right of 1st and inserting conforming heading paragraph ( 7 CARDINAL ) of section 42(i LAW ) is amended by of 1st and inserting clarification with respect to right of refusal and purchase purchase of partnership (a) of section 42(i)(7 LAW ), as amended subsection (a), is amended by striking and inserting property or all of the interests (other than interests of the person such option or a related party thereto the meaning of section 267(b) or 707(b)(1 CARDINAL ))) to the property includes assets relating to (7) of section 42(i LAW ) is by adding at the end the following new purposes of (a), the term may include or any of the assets held for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01642 fmt 6652 CARDINAL sfmt 6201 operation, or maintenance of a exercise of right of first ORDINAL refusal purchase (a) of 42(i)(7 DATE ), as amended by subsection (a) and (1)(a), is amended by adding at the end following: purposes of determining whether option, including a right of first ORDINAL refusal, to property or partnership interests holding or indirectly) such property is described in the such option or right of first ORDINAL shall be exercisable with or without approval of any owner of the project any partner, member, or organization of such an owner), and a right of first ORDINAL refusal shall be in response to any offer to the property or partnership interests, an offer by a related conforming (b) section 42(i)(7) is amended by striking sum all that follows and inserting principal amount outstanding indebtedness secured by the building (other indebtedness incurred within the 5-year DATE period 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01643 CARDINAL fmt 6652 sfmt 6201 on the date of the sale to the tenants). in the case a purchase of a partnership interest, the minimum price is an amount not less than such share of the amount determined under the first ORDINAL of this effective modification of right of first ORDINAL amendments made by subsections (a) (c) shall apply to agreements entered into or after the date of the enactment of this act. amendments made subsection (b) shall apply to agreements among owners of the project (including partners, and their affiliated organizations) and persons in section 42(i)(7)(a LAW ) of the internal code of 1986 DATE entered into before, on, or after date of the enactment of this act. no effect on of the made by this section is intended to express language in any agreement with to the terms of a right of first ORDINAL refusal or permitted by section 42(i)(7 LAW ) of the internal code of 1986 DATE in effect on the date of the of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01644 fmt 6652 CARDINAL sfmt 6201 135507 DATE . increase in credit for bond-financed designated by housing credit in 42(d)(5)(b)(v DATE ) is by striking preceding and inserting case of determinations of housing credit dollar amount december 31, 2028 DATE , the preceding effective amendments made by section shall apply to buildings which receive a of housing credit dollar amount pursuant to 42(m)(2)(d) of the internal revenue code of 1986 DATE the date of the enactment of this act. homes investment act 135511 DATE . neighborhood homes credit. in d of part iv of a of chapter 1 LAW is amended by inserting after 42 CARDINAL the following new section: 42a DATE . neighborhood homes credit. allowance of purposes of 38 CARDINAL , the neighborhood homes credit determined under section for the taxable year DATE is, with respect to each residence sold by the taxpayer during such year DATE in an affordable sale, the lesser the excess (if any) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01645 fmt 6652 CARDINAL sfmt 6201 the reasonable development costs paid incurred by the taxpayer with respect to such residence, over the sale price of such qualified (reduced by any reasonable expenses paid incurred by the taxpayer in connection with sale), or 35 percent PERCENT of the lesser the eligible development costs paid or by the taxpayer with respect to such residence, or 80 percent PERCENT of the national median price for new homes (as determined to the most recent census data available as the date on which the neighborhood homes agency makes an allocation for the project). development purposes of this reasonable development in term means amounts paid or for the acquisition of buildings and land, substantial rehabilitation, of structures, or environmental 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01646 DATE fmt 6652 sfmt 6201 to the extent that the neighborhood credit agency determines that such meet the standards specified pursuant subsection (f)(1)(c) (as of the date on which or substantial rehabilitation is complete, as determined by such and are necessary to ensure the feasibility of such qualified residence. considerations in making making the determination under (a), the neighborhood homes agency shall the sources and uses of funds and total financing, any proceeds or receipts or expected to be generated by of tax benefits, and the reasonableness of the costs and fees. eligible development development means the amount would be reasonable development costs if the taken into account as paid or incurred for acquisition of buildings and land did not exceed percent of such costs determined without regard 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01647 fmt 6652 CARDINAL sfmt 6201 any amount paid or incurred for the acquisition buildings and land. means amounts paid incurred for rehabilitation of a qualified residence such amounts exceed the greater $ 20,000 MONEY , or 20 percent PERCENT of the amounts paid or by the taxpayer for the acquisition of and land with respect to such residence. construction and rehabilitation after allocation taken into in terms and development shall not include any amount paid or before the date on which an allocation is to the taxpayer under subsection (e) with to the qualified project of which the residence is part unless such amount paid or incurred for the acquisition of or land. land and building acquisition paid or incurred for the of buildings or land shall be included 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01648 fmt 6652 CARDINAL sfmt 6201 CARDINAL paragraph (a) only if paid or incurred more than 3 years DATE before the date on which allocation referred to in subparagraph (a) made. if the taxpayer acquired any building land from an entity (or any related party to entity) that holds an ownership interest in taxpayer, then such entity must also have such property within such 3-year DATE and the acquisition cost included under (a) with respect to the taxpayer not exceed the amount such entity paid or to acquire such property. qualified purposes of this in term means a residence is real property affixed on a foundation, a house which is comprised of 4 CARDINAL fewer residential units, a condominium unit, or a house or an apartment owned a cooperative housing corporation (as in section 216(b)), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01649 fmt 6652 sfmt 6201 is part of a qualified project with to the neighborhood homes credit agency made an allocation under subsection (e), is located in a qualified census tract as of the date of such allocation). qualified census in term means a census has a median family income does not exceed 80 percent PERCENT of median family income for the area, has a poverty rate that is less than 130 percent PERCENT of the rate of the applicable area, and has a median value for homes that does not the median value for homes in the applicable area, is located in a city which has population of not less than 50,000 CARDINAL such city has a poverty rate that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01650 fmt 6652 CARDINAL sfmt 6201 not less than 150 percent PERCENT of the rate of the applicable area, has a median family income does not exceed the median income for the applicable area, has a median value for homes that does not 80 percent PERCENT of the median value owner-occupied homes in the area, county, is located in a has a median family income does not exceed the median income for the applicable area, has been designated by a homes credit agency this clause, or which is not otherwise a census tract and is located in a but only with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01651 fmt 6652 CARDINAL sfmt 6201 allocated any period during the president of the united states GPE determined that such area warrants or individual and public assistance the federal government under the t. stafford disaster relief and assistance act. applicable term in the case of a metropolitan tract, the metropolitan area in which census tract is located, and in the case of a census tract than a census tract described in (i), the state. affordable purposes of this in term a sale to a qualified homeowner of a qualified that the neighborhood homes credit agency as meeting the standards promulgated subsection (f)(1)(d) for a price that does not in the case of any qualified residence described in subparagraph (b), (c), or (d), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01652 fmt 6652 CARDINAL sfmt 6201 CARDINAL amount equal to the product of 4 CARDINAL multiplied the median family income for the applicable (as determined pursuant to the most census data available as of the date of the for such sale), in the case of a house comprised of residential units, 125 percent PERCENT of the amount in subparagraph (a), in the case of a house comprised of residential units, 150 percent PERCENT of the amount in subparagraph (a), or in the case of a house comprised of residential units, 175 percent PERCENT of the amount in subparagraph (a). qualified means, with respect to a residence, an who owns and uses such qualified as the principal residence of such and whose family income (determined as the date that a binding contract for the sale of such residence is entered into) 140 percent PERCENT or less of the median family 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01653 fmt 6652 sfmt 6201 for the applicable area in which the residence is located. credit ceiling and credit limited based on allocations qualified in credit allowed subsection (a) to any taxpayer for any year DATE with respect to one CARDINAL or more residences which are part of the same project shall not exceed the excess (if the amount allocated by the homes credit agency under paragraph to such taxpayer with to such qualified project, over the aggregate amount of credit under subsection (a) to such with respect to qualified residences are a part of such qualified project all prior taxable years DATE . deadline for shall be allowed under subsection (a) respect to any qualified residence unless affordable sale of such residence is during 5-year DATE period beginning on the date of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01654 fmt 6652 CARDINAL sfmt 6201 to the qualified project of which such is a part (or, in the case of a qualified to which subsection (i) applies, the of such residence is completed such 5-year DATE period). limitations on allocations to allocations limited by state homes credit amount allocated to taxpayers with to qualified projects by the homes credit agency of any state for any year shall not exceed the state homes credit amount of such state for calendar year DATE . set-aside for certain projects qualified nonprofit similar to the rules of section shall apply for purposes of this determination of state homes credit in state homes credit amount for a state for a year DATE is an amount equal to the sum 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01655 fmt 6652 sfmt 6201 the greater the product of $ 6 MONEY , multiplied the state population (determined accordance with section 146(j)), or $ 8,000,000 MONEY , and any amount previously allocated any taxpayer with respect to any project by the neighborhood homes agency of such state which can no be allocated to any qualified because the 5-year DATE period described paragraph ( 1)(b DATE ) expires during year DATE . 3-year DATE carryforward of unused state neighborhood homes amount for a state for a calendar year DATE be increased by the excess (if any) of the neighborhood homes credit amount for state for the preceding calendar year DATE over aggregate amount allocated by the homes credit agency of such state such preceding calendar year. any amount forward under the preceding sentence not be carried past the third calendar year the calendar year DATE in which such credit 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01656 DATE fmt 6652 CARDINAL sfmt 6201 DATE originally arose, determined on a first- first ORDINAL -out basis. responsibilities of neighborhood homes in subsection the state neighborhood homes credit dollar shall be zero CARDINAL for a calendar year DATE unless the homes credit agency of the allocates such amount pursuant to a allocation plan of the neighborhood credit agency, allocates not more than 20 percent PERCENT of allocated in the previous year DATE (or for made in 2022 DATE , not more than 20 CARDINAL of the neighborhood homes credit for such year DATE ) to projects with respect to residences are located in census tracts (i)(5), or are not located in a qualified tract but meet the requirements of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01657 fmt 6652 sfmt 6201 promulgates standards with respect reasonable qualified development costs and promulgates standards with respect construction quality, in the case of any neighborhood credit agency which makes an allocation a qualified project which includes any residence to which subsection (i) applies, standards with respect to the owners of such residences, including capacity of such owners to pay costs not covered by the credit provided by section and providing for the disclosure to owners of their rights and responsibilities respect to the rehabilitation of such and submits to the secretary (at such and in such manner as the secretary may an annual DATE report the amount of the neighborhood credits allocated to each qualified for the previous year DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01658 CARDINAL fmt 6652 CARDINAL sfmt 6201 with respect to each qualified completed in the preceding the census tract in which qualified residence is located, with respect to the qualified that includes such qualified the year DATE which such received an allocation under section, whether such qualified was new, substantially and sold to a qualified or substantially rehabilitated to subsection (i), the eligible development of such qualified residence, the amount of the homes credit with respect to qualified residence, the sales price of such residence, if applicable, and the family income of the homeowner (expressed as a of the applicable area 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01659 fmt 6652 sfmt 6201 family income for the location of qualified residence), and such other information as the may require. qualified allocation of this subsection, the term means any plan sets forth the selection criteria to be to prioritize qualified projects for of state neighborhood homes credit dollar the need for new or substantially owner-occupied homes in the addressed by the project, the expected contribution of the to neighborhood stability and including the impact on residents, the capability and prior of the project sponsor, and the likelihood the project will in long-term homeownership, has been made available for public and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01660 fmt 6652 CARDINAL sfmt 6201 provides a procedure that the homes credit agency (or any agent or of such agency) shall follow for noncompliance with provisions of this section, and notifying the internal revenue of any such noncompliance of the agency becomes aware. in sold during 5-year DATE a residence is sold during the 5-year DATE beginning immediately after the affordable of such qualified residence referred to in (a), the seller (with respect to the during such 5-year DATE period) shall transfer amount equal to the repayment amount to relevant neighborhood homes credit agency. use of homes credit agency shall use any amount pursuant to subparagraph (a) only for of qualified projects. repayment purposes of (1)(a), the repayment amount is an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01661 fmt 6652 CARDINAL sfmt 6201 CARDINAL equal to 50 percent PERCENT of the gain from the to which the repayment relates, reduced by 20 for each year DATE of the 5-year DATE period referred in paragraph (1)(a) which ends before the date such sale. lien PERSON for repayment homes credit agency receiving an under this section shall place a lien on each residence that is built or rehabilitated as of a qualified project for an amount such deems necessary to ensure potential repayment to paragraph (1)(a). denial of deductions if converted rental during the 5-year DATE period in paragraph ( 1 CARDINAL ), an individual who owns qualified residence fails to use such qualified as such principal residence for any of time, no deduction shall be allowed for paid or incurred by such individual with to renting, during such period of time, such residence. neighborhood homes credit may waive the repayment required under (1)(a) in the case of homeowner a hardship. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01662 fmt 6652 CARDINAL sfmt 6201 CARDINAL other definitions and special purposes of this neighborhood homes credit term homes credit the agency designated by the governor of a as the neighborhood homes credit agency of state. qualified term means a project that a neighborhood homes agency certifies will build or substantially one CARDINAL or more qualified residences. determinations of family similar to the rules of section 143(f)(2 LAW ) shall for purposes of this section. possessions treated as includes the district of columbia and possessions of the united states GPE . special rules related to and cooperative housing determination of development the case of a qualified residence in clause (ii) or (iii) of subsection the reasonable development costs and development costs of such qualified shall be an amount equal to such costs, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01663 DATE fmt 6652 CARDINAL sfmt 6201 of the entire condominium or housing property in which such qualified is located, multiplied by a the numerator of which is the floor space of such qualified and the denominator of which is the floor space of all residences within property. tenant-stockholders of housing corporations treated as the case of a cooperative housing (as such term is defined in section a tenant-stockholder shall be treated owning the house or apartment which such is entitled to occupy. related party sales not treated as in sale between related shall not be treated as an affordable related purposes this paragraph, a person (in this referred to as the is to any person if the related person bears 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01664 fmt 6652 CARDINAL sfmt 6201 relationship to such person specified in 267(b) or 707(b)(1 CARDINAL ), or the related person such person are engaged in trades or under common control (within the of subsections (a) and (b) of section 52 LAW ). purposes of the preceding sentence, in section 267(b) or 707(b)(1 CARDINAL ), be substituted for inflation in the case of a year after 2022 DATE , the dollar amounts in and (i)(2)(c) shall each be by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for such year DATE by substituting for year DATE in (a)(ii) thereof. in the case of the dollar amounts subsection (b)(3)(a) and (i)(2)(c), any under paragraph ( 1 CARDINAL ) which is not 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01665 DATE fmt 6652 sfmt 6201 CARDINAL multiple of $ 1,000 MONEY shall be rounded to nearest multiple of $ 1,000 MONEY . in the case of the dollar amount subsection (e)(3)(a)(i)(i), any increase paragraph ( 1 CARDINAL ) which is not a of $ 0.01 MONEY shall be rounded to the multiple of $ 0.01 MONEY . in the case of the dollar amount subsection (e)(3)(a)(i)(ii), any increase paragraph ( 1 CARDINAL ) which is not a of $ 100,000 MONEY shall be rounded to the multiple of $ 100,000 MONEY . in secretary shall issue a report, to be made available to public, which contains the information pursuant to subsection (f)(1)(f). secretary ensure that any information made public to paragraph ( 1 CARDINAL ) excludes any that would allow for the identification of homeowners. list of qualified census secretary of housing and urban development 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01666 fmt 6652 sfmt 6201 DATE for each year DATE , make publicly available a list of census tracts on a combined basis, clauses (i) and of subsection (c)(2)(a), clause (iii) of such subsection, and subsection (i)(5)(a). application of credit with respect to in the case of a qualified by the taxpayer of any qualified which is owned (as of the date that the binding contract referred to in paragraph ( 3 CARDINAL ) is into) by a specified homeowner, the rules of ( 2 CARDINAL ) through (7) shall apply. alternative credit the case of any qualified residence described in ( 1 CARDINAL ), the neighborhood homes credit under subsection (a) with respect to such shall (in lieu of any credit otherwise under subsection (a) with respect to such be allowed in the taxable year DATE during which qualified rehabilitation is completed (as by the neighborhood homes credit agency) shall be equal to the least the excess (if any) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01667 fmt 6652 CARDINAL sfmt 6201 the amounts paid or incurred by taxpayer for the qualified rehabilitation the qualified residence to the extent that amounts are certified by the homes credit agency (at the time the completion of such rehabilitation) as the standards specified pursuant subsection (f)(1)(c), over any amounts paid to such for such rehabilitation, 50 percent PERCENT of the amounts described subparagraph (a)(i), or $ 50,000 MONEY . qualified in purposes of this the term a rehabilitation or reconstruction pursuant to a written binding contract the taxpayer and the qualified if the amount paid or incurred by the in the performance of such or reconstruction exceeds dollar in effect under subsection (b)(3)(a). application of limitation to paid or incurred after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01668 DATE fmt 6652 sfmt 6201 CARDINAL rule similar to the rule of section shall apply for purposes of this specified purposes this subsection, the term with respect to a qualified residence, an who owns and uses such qualified as the principal residence of such as of the date that the written binding referred to in paragraph ( 3 CARDINAL ) is entered and whose family income (determined as such date) does not exceed the median family for the applicable area (with respect to census tract in which the qualified residence located). additional census tracts in which residences may be the case of any qualified residence described in ( 1 CARDINAL ), the term census any census tract meets the requirements of subsection without regard to subclause (iii) and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01669 fmt 6652 sfmt 6201 is designated by the neighborhood credit agency for purposes of this modification of repayment the case of any qualified residence in paragraph ( 1 CARDINAL ), subsection (g) shall be by beginning the 5-year DATE period otherwise therein on the date on which the qualified acquired the residence. related ( 1 CARDINAL ) shall apply if the taxpayer is the owner of the residence described in paragraph ( 1 CARDINAL ) or is (within the meaning of subsection (h)(6)(b)) such owner. pyrrhotite of subsection ( c)(1)(c DATE ) shall not apply to a rehabilitation under this subsection of a residence that is documented by an report and core testing to have a foundation is adversely impacted by pyrrhotite or other sulfide minerals. secretary shall prescribe regulations as may be necessary or appropriate to out the purposes of this section, including 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01670 CARDINAL fmt 6652 sfmt 6201 that prevent avoidance of the rules, and abuse of purposes, of this credit allowed as part of general 38(b CARDINAL ), as amended by the provisions of this act, is amended by striking at the end of paragraph ( 34 CARDINAL ), by striking the period the end of paragraph ( 35 CARDINAL ) and inserting and adding at the end the following new paragraph: the neighborhood homes credit under section credit allowed against alternative 38(c)(4)(b), as amended by the provisions of this act, is amended by redesginating (iv) through (xiii) as clauses (v) through (xiv), and by inserting after clause (iii) the following clause: the credit determined under conforming subsections (i)(3)(c), (i)(6)(b)(i), and of section 469 LAW are each amended by inserting after the table of sections for subpart d of part of subchapter a of chapter 1 LAW is amended by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01671 fmt 6652 sfmt 6201 DATE after the item relating to section 42 LAW the new item: 42a DATE . neighborhood homes effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . in tribal 135601 DATE . treatment of indian NORP tribes as states respect to bond issuance. in 7871(c) is amended to as follows: special rules for tax-exempt in applying section 146 LAW to issued by indian NORP tribal governments the shall establish a national bond volume cap on the greater the state population formula in section 146(d)(1)(a LAW ) (using tribal population estimates supplied by the department of the interior consultation with the census bureau), minimum state ceiling in section 146(d)(1)(b LAW ) (as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01672 fmt 6652 CARDINAL sfmt 6201 in accordance with the cost of living in section 146(d)(2 LAW )), allocate such national bond volume among all indian NORP tribal governments such an allocation in a particular year DATE regulations prescribed by the secretary. application of geographic the case of national bond volume cap under paragraph ( 1 CARDINAL ), section 146(k)(1 CARDINAL ) shall apply to the extent that such cap is used with to financing for a facility located on qualified lands. restriction on financing of certain portion of the volume cap under this subsection may be used with to the financing of any portion of a building which class ii or class iii gaming (as defined in 4 CARDINAL of the indian NORP gaming regulatory act) is or housed or any property actually used the conduct of such gaming. definitions and special of this indian NORP tribal tribal means the body of an indian NORP tribe, band, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01673 fmt 6652 CARDINAL sfmt 6201 DATE or other organized group or community, or alaska natives PERSON , which is recognized as for the special programs and services by the united states GPE to indians NORP because their status as indians NORP , and also includes any instrumentalities or political thereof. intertribal consortiums PERSON , any case in which an indian NORP tribal has authorized an intertribal consortium, tribal organization, or an alaska native or village corporation, as defined in, or pursuant to, the alaska GPE native settlement act, to plan for, coordinate otherwise administer services, finances, or activities on its behalf under this the authorized entity shall have the and responsibilities of the authorizing tribal government only to the extent in the authorizing resolution. qualified indian indian NORP shall mean an reservation as defined in section 3(d LAW ) of indian NORP financing act of 1974 DATE ( 25 u.s.c QUANTITY . including lands which are within the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01674 fmt 6652 CARDINAL sfmt 6201 CARDINAL area of an oklahoma GPE indian NORP tribe determined by the secretary of the interior) shall include lands outside a reservation the facility is to be placed in service in the active conduct of a trade or by an indian NORP tribe on, contiguous within reasonable proximity of, or with substantial connection to, an indian NORP or alaska native village, or infrastructure (including roads, lines, water systems, railroad spurs, communication facilities) serving an reservation or alaska native conforming (b) section 45(c)(9) is amended to read as follows: indian NORP purposes of this the term has the given the term tribal by section effective amendments made by section shall apply to obligations issued in calendar beginning after the date of the enactment of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01675 fmt 6652 CARDINAL sfmt 6201 135602 DATE . new markets tax credit for tribal areas. additional allocations for tribal 45d(f CARDINAL ), as amended by the provisions of this act, is amended by adding at the the following new paragraph: additional allocations for tribal in the case of each year DATE after 2021 DATE , there is (in addition any limitation under any other paragraph of subsection) a new markets tax credit of $ 175,000,000 MONEY which shall be allocated the secretary as provided in paragraph ( 2 CARDINAL ) that such limitation may only be with respect to tribal statistical areas. carryover of unused tribal area in the credit under subparagraph (a) for any year exceeds the amount of such allocated by the secretary for calendar year DATE , such limitation for the calendar year DATE shall be increased the amount of such excess. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01676 fmt 6652 sfmt 6201 CARDINAL limitation on amount of credit limitation may be under clause (i) past the 5th ORDINAL calendar following the calendar year DATE in which amount of credit limitation arose. transfer of expired tribal area limitation to the case of any of credit limitation which would for clause (ii)) be carried under clause to the 6th calendar year following the year DATE in which such amount of limitation arose, the new market tax limitation under paragraph ( 1 CARDINAL ) for 6th calendar year DATE shall be increased the amount of such credit limitation. tribal statistical of this paragraph, the term any low-income community which located in any tribal census tract, tribal statistical area, tribal- statistical area, alaska GPE native statistical area, or hawaiian NORP land, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01677 fmt 6652 CARDINAL sfmt 6201 any low-income community in subsection eligibility of certain projects serving 45d(e)(1) is amended to as follows: in term means any comprising a population census tract the poverty rate for such tract is least 20 percent PERCENT , or in the case of a tract not within a metropolitan area, the family income for such tract does not 80 percent PERCENT of statewide median income, or in the case of a tract located a metropolitan area, the median income for such tract does not 80 percent PERCENT of the greater of statewide family income or the metropolitan median family income, which is used for a qualified active community business 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01678 fmt 6652 sfmt 6201 CARDINAL services a significant population tribal or alaska native village PERSON who are residents of a low-income and obtains a written statement from relevant indian NORP tribal government the meaning of section 7871(c LAW )) documents the eligibility such project respect to the requirement of clause (a)(ii) shall be applied using wide median family income in the case of tracts located within a possession of the united application ORG of inflation 45d(f)(4), as added by the preceding provisions this act, is amended by striking dollar amount ( 1)(h DATE ) shall be and inserting amounts in paragraphs (1)(h) and (5)(a) shall be coordination with existing 45d(f)(3 CARDINAL ), as amended by the preceding provisions this act, is amended to read as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01679 PRODUCT fmt 6652 CARDINAL sfmt 6201 carryover of unused new markets tax credit limitation under (1) for any calendar year exceeds the amount such limitation allocated by the secretary under ( 2 CARDINAL ) for such year DATE , such limitation for the calendar year DATE shall be increased by the of such regulatory 45d(i CARDINAL ) is by striking at the end of paragraph ( 5 CARDINAL ), striking the period at the end of paragraph ( 6 CARDINAL ) and and by adding at the end the following paragraph: which provide documentation requirements the written statement required under subsection and which provide procedures for determining projects under subsection (e)(1)(b) are active low-income community businesses with to the populations described in such such procedures shall take into account the needs of such projects, especially with to projects that serve multiple tribal or alaska village effective amendments made by section shall apply to new markets tax credit 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01680 fmt 6652 CARDINAL sfmt 6201 determined for calendar years after december 31, 135603. inclusion of indian NORP areas as difficult areas for purposes of buildings. of as amended by the preceding provisions this act, is amended by inserting any indian NORP gross as amended by the preceding provisions of act is amended by redesignating subclause (iii) as (v) and by inserting after subclause (ii) the new subclauses: indian of subclause (i), the term means any indian NORP area (as in section 4(11 LAW ) of the native housing assistance and determination act of 1996 DATE (25 4103(11))). special rule for in indian NORP the case an area which is a difficult area solely because it is an 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01681 fmt 6652 CARDINAL sfmt 6201 CARDINAL area, a building shall not be as located in such area unless building is assisted or financed the native american NORP housing and self determination of 1996 DATE ( 25 u.s.c QUANTITY . 4101 CARDINAL et seq.) the project sponsor is an indian NORP a tribally designated entity (as defined in section 4(22 LAW ) such act ( 25 u.s.c QUANTITY . 4103(22))), or owned or controlled by such an tribe or tribally designated effective amendments made by section shall apply to buildings placed in service after 31, 2021 DATE . in the territories 135701 DATE . possessions economic activity credit. in d of part iv of a of chapter 1 LAW , as amended by the preceding of this act, is amended by adding at the end the new section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01682 fmt 6652 CARDINAL sfmt 6201 45v DATE . possessions economic activity credit. allowance of purposes of 38 CARDINAL , in the case of a qualified domestic corporation possessions economic activity credit determined under section for a taxable year DATE is an amount equal to 20 CARDINAL of the sum of the qualified possession wages and employee fringe benefit expenses paid or incurred the taxpayer for the taxable year DATE . qualified domestic corporation; purposes of this in term means any domestic corporation a qualified corporation, or a united states GPE shareholder of a corporation is a qualified corporation, and is wholly owned by the united shareholder together with any which are members of the same group (within the meaning of 1504(a)) as such united states qualified means any corporation if such meets the following requirements: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01683 fmt 6652 CARDINAL sfmt 6201 CARDINAL source percent more of the gross income of the corporation the 3-year DATE period immediately preceding the of the taxable year (or for such part of period immediately preceding the close of taxable year DATE as may be applicable) was from sources within a possession of the states (determined without regard to 904(f)). trade or business percent or more of the gross income the corporation for such period or such part was derived from the active conduct of trade or business within a possession of the states. special rule for separate and identified units of foreign in the case of a states shareholder of a foreign is not a qualified corporation but respect to which the ownership of paragraph (1)(b)(ii) are and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01684 fmt 6652 sfmt 6201 has an eligible foreign business which, if such unit were a corporation, be a qualified corporation with to which such ownership would be met, for purposes of this section, the united shareholder may elect to treat such unit a separate foreign corporation which meets requirements of paragraph (1)(b) and with to which such shareholder is a united shareholder. purposes of this paragraph, the foreign business means a and clearly identified foreign unit of a or business, including a partnership or an treated as disregarded as a separate from its owner (under section 7701 LAW or other under this title), which maintains books and records. special election for affiliated the case of an affiliated group in paragraph (1)(b)(ii), the election subparagraph (a) with respect to any foreign business unit shall be made by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01685 fmt 6652 sfmt 6201 CARDINAL parent of such group and shall apply to all members of such group which united states ORG shareholders with respect to foreign corporation which has such unit. qualified possession purposes this in term means wages paid or incurred by the corporation during the taxable year in with the active conduct of a trade or within a possession of the united states GPE to any for services performed in such possession, only if such services are performed while the place of employment of such employee is such possession. into limitation on amount of wages in amount of wages may be taken into account under ( 1 CARDINAL ) with respect to any employee for any year shall not exceed $ 50,000 MONEY . treatment of part-time any employee is not employed by qualified corporation on a substantially 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01686 fmt 6652 CARDINAL sfmt 6201 CARDINAL basis at all times during the year DATE , or the principal place of of any employee with the qualified is not within a possession at times during the taxable year, limitation applicable under paragraph ( 1 CARDINAL ) respect to such employee shall be the portion (as determined by the of the limitation which would otherwise in effect under paragraph (1). in as in clause (ii), the term has meaning given to such term by (b) of section 3306 LAW (determined regard to any dollar limitation in such section). for purposes of preceding sentence, such subsection (b) be applied as if the term all possessions of the states. special rule for labor and railway case to which subparagraph (a) or (b) 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01687 fmt 6652 CARDINAL sfmt 6201 CARDINAL paragraph ( 1 CARDINAL ) of section 51(h LAW ) applies, term has the meaning given to term by section 51(h)(2 LAW ). allocable employee fringe benefit in allocable fringe benefit expenses of any qualified for any taxable year DATE is an amount bears the same ratio to the amount under subparagraph (b) for such year DATE the aggregate amount of the qualified possession for such taxable year DATE , bears to the aggregate amount of the paid or incurred by such qualified during such taxable year DATE . no event shall the amount determined under preceding sentence exceed 15 percent PERCENT of the referred to in clause (i). expenses taken into purposes of subparagraph (a), the amount under this subparagraph for any year DATE is the aggregate amount allowable in the case of a foreign corporation, which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01688 fmt 6652 sfmt 6201 be allowable if such foreign corporation a domestic corporation) as a deduction this chapter to the qualified corporation such taxable year DATE with respect employer contributions under a bonus, pension, profit-sharing, or plan, and any accident or health plan for the cost of life or disability provided to employees. amount treated as wages under paragraph shall not be taken into account under subparagraph. special rule for qualified small purposes of this increased credit the of a qualified small domestic corporation, (a) shall be applied by substituting for qualified small domestic in term domestic means a qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01689 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL corporation that meets the of subparagraphs (b) and (c). full-time domestic corporation meets the of this subparagraph if the qualified which is the qualified domestic under subsection (b)(1)(a) or the has at least 5 CARDINAL full-time employees a possession of the united states GPE for year DATE in the 3-year DATE period immediately the close of the taxable year (or such part of such period immediately the close of such taxable year DATE as be applicable), and has not more than a total of 30 CARDINAL employees for each year DATE in such period. gross qualified corporation meets the requirements of subparagraph if the annual DATE gross receipts the qualified domestic corporation (and all related thereto) for each year DATE in such period is not more than $50,000,000 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01690 fmt 6652 sfmt 6201 related determining the limitations under subparagraphs (b)(ii) (c) of paragraph ( 2 CARDINAL ) are met, all persons who treated as related to the qualified domestic for purposes of subsection (a) or (b) of 52 CARDINAL shall be taken into account. amount of wages taken into (c)(2)(a) shall be applied by for possession of the united in term of the means american NORP samoa, the of the northern mariana islands, the of puerto rico GPE , guam GPE , and the islands. mirror code the case any possession of the united states GPE with a mirror tax system (as defined in section 24(k LAW )), this shall not be treated as part of the income tax of the united states GPE for purposes of the income tax law of such possession unless possession elects to have this section be so separate application to each purposes of determining the amount of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01691 fmt 6652 CARDINAL sfmt 6201 allowed under this section, this section shall be separately with respect to each possession of the states. credit shall be allowed this section for any taxable year DATE beginning after 31 DATE , credit made part of general business (b) of section 38 LAW , as amended by the provisions of this act, is amended by striking at the end of paragraph ( 35 CARDINAL ), by striking the period the end of paragraph ( 36 CARDINAL ) and inserting and adding at the end the following new paragraph: the possessions economic activity credit under section clerical table of sections subpart b of part iv of subchapter a of chapter 1 LAW amended by adding at the end the following: 45v DATE . possessions economic activity effective amendments made by section shall apply to taxable years DATE beginning after date of the enactment of this act, and in the case a qualified corporation that is a foreign corporation, taxable years DATE beginning after the date of enactment and taxable years DATE of united states GPE shareholders in which with which such taxable years DATE of foreign corporations 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01692 fmt 6652 CARDINAL sfmt 6201 135702 DATE . additional new markets tax credit for the territories. in 45d(f DATE ), as amended by preceding provisions of this act, is amended by adding the end the following new paragraph: additional allocations for of the united in the case of each year DATE after 2021 DATE , there is (in addition the limitation under paragraph a new markets tax credit of $ 80,000,000 MONEY which shall be by the secretary as provided in ( 2 CARDINAL ) except that such limitation may be allocated with respect to communities located in puerto rico GPE , a new markets tax credit of $ 20,000,000 MONEY which shall be by the secretary as provided in ( 2 CARDINAL ) except that such limitation may be allocated with respect to communities located in possessions of united states GPE other than puerto rico. carryover of unused 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01693 fmt 6652 sfmt 6201 in the credit under clause (i) or clause (ii) of (a) for any calendar year the amount of such limitation by the secretary for such calendar such limitation for the succeeding year shall be increased by the of such excess. limitation on amount of credit limitation may be under clause (i) past the 5th ORDINAL calendar following the calendar year DATE in which amount of credit limitation arose. transfer of expired limitation to general the case of any amount of credit which would (but for clause (ii)) carried under clause (i) to the 6th year DATE following the calendar year DATE in such amount of credit limitation the new market tax credit limitation paragraph ( 1 CARDINAL ) for such 6th ORDINAL calendar shall be increased by the amount of credit 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01694 fmt 6652 sfmt 6201 application of inflation 45d(f)(4), as added and amended by the provisions of this act, is amended by striking (1)(h) and and inserting (1)(h), ( 5)(a CARDINAL ), (6)(a)(i), and effective amendments made by section shall apply to new markets tax credit determined for calendar years after december 31 DATE , energy 136001 CARDINAL . amendment of 1986 DATE code. as otherwise expressly provided, whenever in subtitle an amendment or repeal is expressed in terms an amendment to, or repeal of, a section or other the reference shall be considered to be made to a or other provision of the internal revenue code 1986 DATE . electricity and carbon emissions 136101 DATE . extension and modification of credit electricity produced from renewable resources. in following provisions of 45(d) are each amended by striking 1 CARDINAL , 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01695 fmt 6652 sfmt 6201 each place it appears and inserting 1 CARDINAL , paragraph ( 2)(a CARDINAL ). paragraph ( 3)(a CARDINAL ). paragraph (4)(b). paragraph ( 6 CARDINAL ). paragraph ( 7 CARDINAL ). paragraph ( 9 CARDINAL ). paragraph (11)(b). application of extension to 45(d)(4)(a) is amended by striking placed in before january 1 DATE , and inserting of which begins before january 1 DATE , extension of election to treat qualified is amended by striking 1 CARDINAL , inserting 1 CARDINAL , application of extension to wind in 45(d)(1 CARDINAL ) is amended striking 1 CARDINAL , and inserting 1 CARDINAL , application of phaseout 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01696 fmt 6652 sfmt 6201 renewable electricity 45(b)(5)(d) is amended inserting in service before january after the case of any is amended by inserting service before january 1, after case of any qualified offshore wind facilities energy 48(a)(5)(f)(i CARDINAL ) is by striking wind and that follows and inserting the following: facility, subparagraph (e) shall not percentage phaseout of is amended by adding at the end the following new percentage phaseout of case of any facility, the amount of the credit under subsection (a) shall be reduced in the case of any facility the of which begins after december 31 DATE , and before january 1, 2033, 20 percent PERCENT , in the case of any facility the of which begins after december 31 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01697 CARDINAL fmt 6652 CARDINAL sfmt 6201 DATE and before january 1, 2034, 40 percent PERCENT , in the case of any facility the of which begins after december 31 DATE , 100 CARDINAL wage and apprenticeship 45(b) is amended by adding at the end the new paragraphs: base credit amount and increased amount for qualified in the case of any facility which does not satisfy the of subparagraph (b), the amount of credit determined under subsection (a) after the application of paragraphs ( 1 CARDINAL ) ( 6 CARDINAL )) shall be 20 percent PERCENT of such (determined without regard to this increased credit for certain meeting project in the case of any facility which meets the project of this subparagraph, (a) shall not apply. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01698 fmt 6652 CARDINAL sfmt 6201 CARDINAL project meets the requirements of this if it is one of the following: a project with a maximum output of less than 1 megawatt QUANTITY . a project which commences prior to the date of the of this paragraph. a project which satisfies requirements of paragraphs (8) (9). prevailing wage in requirements in this subparagraph with respect to qualified facility are that the taxpayer shall that any laborers and mechanics by contractors and subcontractors the construction of such facility, for the 10-year DATE period beginning the date the facility was originally in service, the alteration or repair of facility, be paid wages at rates not less than the rates for construction, alteration, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01699 fmt 6652 sfmt 6201 CARDINAL of a similar character in the locality as recently determined by the secretary of in accordance with subchapter iv of 31 CARDINAL of title 40 CARDINAL , united states code. correction and penalty related failure to satisfy wage in the case of any which fails to satisfy the under subparagraph (a) with respect the construction of any qualified facility with respect to the alteration or repair a facility in any year DATE during the period in subparagraph (a)(ii), such shall be deemed to have satisfied requirement under such subparagraph respect to such facility for any year DATE if, respect to any laborer or mechanic was paid wages at a rate below the described in such subparagraph for period during such year DATE , such makes payment to such or mechanic in an amount equal the sum 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01700 fmt 6652 sfmt 6201 an amount equal to of wages paid to such or mechanic during such the amount of required to be paid to or mechanic to such during such period, interest on the determined under (aa) at the section 6621 for the described such and makes payment to the of a penalty in an amount to the product $ 5,000 MONEY , multiplied by the total number of and mechanics who were wages at a rate below the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01701 fmt 6652 CARDINAL sfmt 6201 described in subparagraph for any period during such penalty assessed as penalty described in clause (i)(ii) be treated in the same manner as a imposed under subchapter b of 68 CARDINAL . apprenticeship described in this subparagraph with to the construction of any qualified facility are follows: labor percentage of total labor contractors and engaged in the performance of alteration, or repair work on any shall, subject to subparagraph (b), that not less than the applicable of the total labor hours of such be performed by qualified applicable of paragraph ( 1 CARDINAL ), the applicable shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01702 fmt 6652 sfmt 6201 in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01703 fmt 6652 sfmt 6201 in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this or good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the or subcontractors engaged in the of construction, alteration, or work on such applicable project to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01704 fmt 6652 sfmt 6201 with the established standards and of such apprenticeship purposes of this labor term means the total number of devoted to the performance of alteration, or by employees of the contractor subcontractor, and excludes any hours worked foremen, superintendents, owners, or persons employed in a fide executive, or professional capacity the meaning of those in part 541 CARDINAL of title 29 CARDINAL , of federal regulations). qualified means an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01705 fmt 6652 CARDINAL sfmt 6201 who is an employee of the or subcontractor and who is in a registered apprenticeship domestic content bonus credit in the case of any facility which satisfies the requirement subparagraph (b), the amount of the determined under subsection (a) after the application of paragraphs ( 1 CARDINAL ) (9)) shall be increased by an amount to 10 percent PERCENT of the amount otherwise in under such subsection. in to clause the requirement described in this with respect to any qualified facility that, prior to the end of the taxable year which such facility is placed in service, taxpayer shall certify to the secretary any steel, or manufactured used in the construction of such was produced in the united states GPE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01706 fmt 6652 CARDINAL sfmt 6201 steel and the case steel or iron, clause (i) shall be applied a manner consistent with section of title 49 DATE , code of federal manufactured purposes of clause (i), a manufactured shall be deemed to have been in the united states GPE if not less 55 percent PERCENT of the total cost of the of such product is attributable components which are mined, produced, manufactured in the united states GPE . international shall be applied in a manner which consistent with the obligations of the united under international agreements. penalty for direct in the case of a making an election under section 6417 LAW respect to a credit under this section, the of such credit shall be replaced the value of such credit without regard to this paragraph), by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01707 CARDINAL fmt 6652 sfmt 6201 the applicable percentage. 100 percent PERCENT applicable for certain qualified case of any qualified which satisfies the requirements paragraph ( 10 CARDINAL ) with respect to the of such facility, or with a maximum net output of than 1 megawatt QUANTITY , applicable percentage shall be 100 percent PERCENT . phased domestic content to subparagraph (d), in case of any qualified facility which is not in subparagraph (b), the applicable shall if construction of such facility before january 1, 2024 DATE , 100 CARDINAL if construction of such facility in calendar year 2024 DATE , 90 percent PERCENT , if construction of such facility in calendar year 2025 DATE , 85 percent PERCENT , if construction of such facility after december 31, 2025 DATE , 0 percent PERCENT . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01708 fmt 6652 CARDINAL sfmt 6201 CARDINAL order to facilitate use of amounts made available in this increase the tax incentives for investment clean energy, and grow the domestic supply the secretary shall provide appropriate to the domestic content requirements products under subparagraph (c) for the of qualified facilities if either the of domestic products increases the costs of projects by more than 25 CARDINAL or relevant manufactured products are not in the united states GPE in sufficient and available quantities or of a quality. regulations and shall issue such regulations or other as the secretary determines necessary or to carry out the purposes of this effective amendments made by section shall apply to facilities placed in service after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01709 fmt 6652 CARDINAL sfmt 6201 136102 DATE . extension and modification of energy extension of following of section 48 LAW are each amended by striking each place it appears and inserting subsection (a)(3)(a)(ii). subsection (a)(3)(a)(vii). subsection (c)(1)(d). subsection (c)(2)(d). subsection (c)(3)(a)(iv). subsection (c)(4)(c). phaseout of 48(a) is by striking paragraphs ( 6 CARDINAL ) and (7) and inserting the new paragraphs: phaseout for solar energy in to (b), in the case of any energy property in paragraph ( 3)(a)(i DATE ) the of which begins before january 1, 2034 DATE , energy percentage determined under ( 2 CARDINAL ) shall be equal in the case of any property the of which begins after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01710 fmt 6652 CARDINAL sfmt 6201 31, 2019 DATE , and which is placed in before january 1, 2022 DATE , 26 percent PERCENT , in the case of any property the of which begins before 1, 2032 DATE , and which is placed in service december 31, 2021 DATE , 30 percent PERCENT , in the case of any property the of which begins after 31, 2031 DATE and before january 1, 2033, percent, and in the case of any property the of which begins after 31 DATE , 2032 DATE and before january 1, 2034, percent. placed in service case of any energy property described in ( 3)(a)(i DATE ) the construction of which before january 1, 2034, and which is placed in service before january 1, 2036, energy percentage determined under ( 2 CARDINAL ) shall be equal to 10 percent PERCENT . phaseout for certain other energy in to (b), in the case of any qualified fuel cell 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01711 fmt 6652 sfmt 6201 qualified small wind property, waste recovery property, or energy property in paragraph ( 3)(a)(ii CARDINAL ), the energy determined under paragraph ( 2 CARDINAL ) be equal in the case of any property the of which begins after 31, 2019 DATE , and which is placed in before january 1, 2022 DATE , 26 percent PERCENT , in the case of any property the of which begins before 1, 2032 DATE , and which is placed in service december 31, 2021 DATE , 30 percent PERCENT , in the case of any property the of which begins after 31, 2031 DATE and before january 1, 2033, percent, and in the case of any property the of which begins after 31 DATE , 2032 DATE and before january 1, 2034, percent. placed in service case of any energy property described in (a) which is not placed in service january 1, 2036, the energy percentage 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01712 fmt 6652 sfmt 6201 DATE under paragraph ( 2 CARDINAL ) shall be equal 0 30 percent PERCENT credit for solar and is amended by striking and inserting 1 CARDINAL , application to (6)(a), and (6)(b) of section are each amended by striking and inserting (i), (iii), or of paragraph of section 48(a)(6 LAW ) is amended by after energy storage technologies; qualified property; microgrid controllers; of waste energy recovery 48(a)(3)(a) by striking at the end of clause (vii), by adding at the end the following new clauses: energy storage technology, qualified biogas property, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01713 fmt 6652 sfmt 6201 CARDINAL microgrid application of 30 percent PERCENT 48(a)(2)(a)(i) is amended by striking the end of subclauses (iv) and (v) and adding at end the following new subclauses: energy storage technology, qualified biogas property, microgrid application is amended by inserting storage qualified biogas property, microgrid after energy recovery 48(c) is amended adding at the end the following new paragraphs: energy storage in term means equipment (other equipment primarily used in the of goods or individuals and not for the of electricity) which uses batteries, air, pumped hydropower, hydrogen thermal energy storage, regenerative cells, flywheels, capacitors, superconducting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01714 fmt 6652 CARDINAL sfmt 6201 DATE or other technologies identified by the after consultation with the secretary energy, to store energy for conversion to (or, in the case of hydrogen storage, store energy), and has a capacity of not less 5 kilowatt hours. modifications of certain the case of any equipment which would be described in (a) except that such equipment has capacity of less than 5 kilowatt hours QUANTITY is such that such equipment (after modification) has a capacity of not than 5 kilowatt hours QUANTITY , or is described in subparagraph (a) which has a capacity of not less than kilowatt hours TIME and is modified such that equipment (after such modification) an increased capacity, equipment shall be treated as described in (a) except that the basis of any which was part of such equipment such modification shall not be taken into for purposes of this section. in the case 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01715 fmt 6652 sfmt 6201 any property to which this subparagraph subparagraph (c) shall be applied by for term shall not include any the construction of which does not begin january 1, 2034 DATE . qualified biogas in term means property comprising a converts biomass (as defined in 45k(c)(3 CARDINAL ), as in effect on the date enactment of this paragraph) into a gas consists of not less than 52 methane, or is concentrated by such into a gas which consists of not than 52 percent PERCENT methane, and captures such gas for productive inclusion of cleaning and term includes any property which is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01716 fmt 6652 sfmt 6201 CARDINAL of such system which cleans or conditions gas. term shall not include any property construction of which does not begin before 1, 2034 DATE . microgrid in term means equipment which part of a qualified microgrid, and designed and used to monitor control the energy resources and loads such microgrid to maintain acceptable voltage, or economic dispatch. qualified term means an electrical system includes equipment which is of generating not less than 4 kilowatts QUANTITY not greater than 20 megawatts QUANTITY of is capable of in connection with the grid and as a single controllable with respect to such grid, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01717 fmt 6652 CARDINAL sfmt 6201 independently (and from such grid, and is not part of a bulk-power (as defined in section 215 LAW of the power act ( 16 u.s.c QUANTITY . 24o)). term shall not include any property the of which does not begin before 1 CARDINAL , denial of double benefit for biogas 45(e) is amended adding at the end the following new paragraph: coordination with energy credit qualified biogas shall not include any facility which electricity from gas produced by qualified property (as defined in section 48(c)(7)) if a is determined under section 48 LAW with respect to property for the taxable year DATE or any prior extension of waste energy recovery 48(c)(5)(d) amended by 1 CARDINAL , and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01718 fmt 6652 sfmt 6201 CARDINAL fuel cells using electromechanical in 48(c)(1 CARDINAL ) is in subparagraph by inserting and by inserting kilowatts PERSON in the of a fuel cell power plant with a linear after in subparagraph by inserting or linear generator after fuel cell stack and after linear generator assembly 48(c)(1 CARDINAL ) is amended by subparagraph (d) as subparagraph (e) and inserting after subparagraph (c) the following subparagraph: linear generator term generator does not 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01719 fmt 6652 CARDINAL sfmt 6201 any assembly which contains rotating dynamic 48(a)(3)(a)(ii) by inserting or electrochromic glass which electricity to change its light transmittance properties order to heat or cool a after coordination with low income housing ( 3 CARDINAL ) of section 50(c LAW ) of the revenue code of 1986 DATE is by striking at the end of by striking the period at the end of (b) and inserting and by adding at the end the following new paragraph ( 1 CARDINAL ) shall not apply for of determining eligible basis under section (a), wage and apprenticeship 48(a) is amended by adding at the end the new paragraphs: base credit amount and increased amount for energy in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01720 fmt 6652 sfmt 6201 the case of any energy which does not satisfy the of subparagraph (b), the amount of credit determined under this subsection after the application of ( 1 CARDINAL ) through (7)) shall be 20 CARDINAL of such amount (determined without to this sentence). energy project purposes of this subsection the term means a project consisting multiple energy properties that are part a single project. the requirements of paragraph shall be applied to such increased credit for energy in the case of any project which meets the project of this subparagraph, (a) shall not apply. project meets the requirements of this if it is one of the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01721 fmt 6652 sfmt 6201 a project with a maximum output of less than 1 megawatt QUANTITY . a project which commences prior to the date of the of this paragraph. a project which satisfies requirements of paragraphs (9) ( 10 CARDINAL ). prevailing wage in requirements in this subparagraph with respect to energy project are that the taxpayer shall that any laborers and mechanics by contractors and subcontractors the construction of such energy , and for any year DATE during the period on the date any energy property such project is originally placed in the alteration or repair of such be paid wages at rates not less than the rates for construction, alteration, or of a similar character in the locality as recently determined by the secretary of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01722 fmt 6652 CARDINAL sfmt 6201 in accordance with subchapter iv of 31 CARDINAL of title 40 CARDINAL , united states code. correction and penalty related failure to satisfy wage taxpayer shall not be treated as to satisfy the requirements of this such taxpayer meets requirements apprenticeship described in this subparagraph with to the construction of any applicable facility as follows: labor percentage of total labor contractors and engaged in the performance of alteration, or repair work on any facility prior to such facility placed into service shall, subject to (b), ensure that not less the applicable percentage of the total hours TIME of such work be performed by apprentices. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01723 CARDINAL fmt 6652 sfmt 6201 applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01724 fmt 6652 sfmt 6201 work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01725 fmt 6652 CARDINAL sfmt 6201 DATE or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the domestic content bonus credit in the case of any project which satisfies the requirements subparagraph (b), the energy percentage subsection (a)(2) shall be increased by the rate in subparagraph (c). in requirement in this subclause with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01726 fmt 6652 CARDINAL sfmt 6201 CARDINAL energy project is satisfied if the certifies to the secretary (at such and in such form and manner, as the may prescribe) that the facility composed of steel, iron, or manufactured which were produced the states. steel and the case steel or iron, clause (i) shall be applied a manner consistent with section of title 49 DATE , code of federal manufactured purposes of clause (i), a manufactured shall be deemed to have been in the united states GPE if not less 55 percent PERCENT of the total cost of the of such product is attributable components which are mined, produced, manufactured in the united states GPE . applicable rate of subparagraph (a), the applicable rate increase shall be an amount equal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01727 fmt 6652 CARDINAL sfmt 6201 in the case of energy project that not meet the requirements of (i) or (iii) of paragraph (8)(b)(ii), percentage points, and in the case of energy property meets the requirements of subclause or (iii) of paragraph (8)(b)(ii), 10 CARDINAL points. paragraph shall be applied in a manner is consistent with the obligations of the states under international agreements. penalty for direct in the case of a making an election under section 6417 LAW respect to a credit under this section, the of such credit shall be replaced the value of such credit without regard to this paragraph), by the applicable percentage. 100 percent PERCENT applicable for certain energy the of any energy 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01728 fmt 6652 CARDINAL sfmt 6201 which satisfies the requirements paragraph ( 11 CARDINAL ) with respect to the of such project, or with a maximum net output of than 1 megawatt QUANTITY applicable percentage shall be 100 percent PERCENT . phased domestic content to subparagraph (d), in case of any energy project which is not in subparagraph (b), the applicable shall if construction of such project before january 1, 2024 DATE , 100 CARDINAL if construction of such project in calendar year 2024 DATE , 90 percent PERCENT , if construction of such project in calendar year 2025 DATE , 85 percent PERCENT , if construction of such project after december 31, 2025 DATE , 0 percent PERCENT . order to facilitate use of amounts made available in this increase the tax incentives for investment clean energy, and grow the domestic supply 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01729 fmt 6652 CARDINAL sfmt 6201 the secretary shall provide appropriate to the domestic content requirements products under subparagraph (c) for the of qualified facilities if either the of domestic products increases the costs of projects by more than 25 CARDINAL or relevant manufactured products are not in the united states GPE in sufficient and available quantities or of a quality. regulations and shall issue such regulations or other as the secretary determines necessary or to carry out the purposes of this effective the amendments made by subsections (a), (c), (e), (f), (g), and (h) of this section shall to property placed in service after december 2021 DATE . the amendment made by subsection (d) apply to periods after december 31, 2021 DATE , rules similar to the rules of section 48(m) of internal revenue code of 1986 DATE (as in effect on 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01730 fmt 6652 sfmt 6201 day DATE before the date of the enactment of the reconciliation act of 1990 DATE ). 136103 DATE . increase in energy credit for solar placed in service in with low-income communities. in 48 DATE is amended by adding the end the following new subsection: special rules for certain solar placed in service in connection with low- in the case of any qualified facility with respect to which the secretary, consultation with the secretary of energy and administrator of the environmental protection makes an allocation of environmental justice capacity limitation under paragraph equipment described in paragraph shall be treated for purposes of this as energy property described in subsection the energy percentage otherwise under subsection (a)(2) with respect any eligible property which is part of such shall be increased 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01731 fmt 6652 sfmt 6201 in the case of a facility described subclause (i) of paragraph (2)(a)(iii) not described in subclause (ii) of such 10 CARDINAL percentage points, and in the case of a facility described subclause (ii) of paragraph (2)(a)(iii), percentage points, and the increase in the credit determined subsection (a) by reason of this for any taxable year DATE with respect to all which is part of such facility shall not the amount which bears the same ratio the amount of such increase (determined regard to this subparagraph) the environmental justice solar limitation allocated to such bears to current. the total megawatt nameplate of such facility, as measured in qualified solar of this in term means any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01732 fmt 6652 CARDINAL sfmt 6201 which generates electricity solely property described subsection which has a nameplate capacity 5 megawatts QUANTITY or less, and is located in a low-income (as defined section or is part of a qualified residential building project or a low-income economic benefit qualified low-income building facility shall be as part of a qualified low-income building project such facility is installed on a rental building which participates a covered housing program (as defined section 41411(a) of the violence against act u.s.c. a housing development corporation cooperative under xi of the new york GPE state private 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01733 fmt 6652 CARDINAL sfmt 6201 CARDINAL finance law, a housing program administered by the of agriculture under title v of the act of 1949 DATE , or such other housing programs as the secretary provide, and the financial benefits of the produced by such facility are equitably among the occupants of the units of such building. qualified low-income economic facility shall be treated part of a qualified low-income economic project if at least 50 percent PERCENT of the benefits of the electricity produced by such are provided to households with income less than 200 percent PERCENT of the line applicable to a family of the size or less than 80 percent PERCENT of area gross income (as determined under 142(d)(2)(b)). financial purposes subparagraphs (b) and (c), electricity 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01734 fmt 6652 CARDINAL sfmt 6201 at a below-market rate shall not fail to taken into account as a financial benefit. eligible in purposes of this the term energy property which in subsection (a)(3)(a)(i), energy storage property (described in (a)(3)(a)(viii)) installed in with such energy property, and the amount of any expenditures are paid or incurred by the taxpayer qualified interconnection property in connection with the installation property described in subparagraph (a) provide for the transmission or of the electricity produced or stored by property, and which are properly to the capital account of the purposes of qualified interconnection means, with respect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01735 fmt 6652 sfmt 6201 CARDINAL a qualified facility which not a any tangible which is part of an addition, or upgrade to a or distribution system which required at or beyond the point at the qualified facility to such transmission or system in order to accommodate interconnection, which is constructed, or erected by the or for which the cost respect to the construction, or erection of property is paid or incurred such taxpayer, and the original use of which, to an interconnection commences with the utility. term means an agreement with a utility 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01736 fmt 6652 sfmt 6201 the purposes of interconnecting the facility owned by such taxpayer to transmission or distribution system of utility. term the owner or operator of an transmission or distribution system is subject to the regulatory authority the federal energy commission ORG , or a state or political thereof, any agency or of the united states GPE , a public or public utility commission or similar body of any state or subdivision thereof, or the or ratemaking body of an cooperative. special rule for the case of expenses paid property, otherwise chargeable to capital with respect to such expenses shall be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01737 DATE fmt 6652 CARDINAL sfmt 6201 DATE under rules similar to the rules of section in later than 180 after the date of enactment of this the secretary shall establish a program allocate amounts of environmental justice capacity limitation to qualified solar amount of justice solar capacity limitation by the secretary under subparagraph (a) any calendar year shall not exceed the capacity limitation with respect to such annual DATE capacity of this paragraph, the term means 1.8 gigawatts QUANTITY of current capacity for each of calendar years through 2031, and zero CARDINAL thereafter. carryover of unused the annual DATE capacity limitation for any year exceeds the aggregate amount for such year DATE under this paragraph, limitation for the succeeding calendar year 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01738 fmt 6652 CARDINAL sfmt 6201 be increased by the amount of such excess. amount may be carried under the preceding to any calendar year after 2033 DATE . placed in service in (1) not apply with respect to any which is placed in service after the that is 4 years DATE after the date of the with respect to the facility of such property is a part. application of amount of environmental justice solar which expires under (i) during any calendar year shall be into account as an excess described subparagraph (d) (or as an increase in excess) for such calendar year, to the limitation imposed by the last of such subparagraph. selection to which qualified solar facilities to environmental justice solar capacity under this paragraph, the secretary shall into consideration which facilities will 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01739 fmt 6652 CARDINAL sfmt 6201 the greatest health and economic including the ability to withstand weather events, for individuals in section 45d(e)(2 LAW ), the greatest employment and for such individuals, and the greatest engagement with, to, or ownership by, such including through partnerships with governments and community-based disclosure of shall, upon making an allocation of justice solar capacity limitation this paragraph, publicly disclose the of the applicant, the amount of the justice solar capacity limitation allocated such applicant, and the location of the for which such allocation is made. secretary shall, by or other guidance, provide for recapturing benefit of any increase in the credit allowed subsection (a) by reason of this subsection respect to any property which ceases to be eligible for such increase (but which does 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01740 fmt 6652 CARDINAL sfmt 6201 cease to be investment credit property within the of section 50(a DATE )). the period and of such recapture shall be determined under similar to the rules of section 50(a LAW ). to the provided by the secretary, such recapture may apply with respect to any property if, within 12 CARDINAL after the date the taxpayer becomes aware reasonably should have become aware) of such ceasing to be property eligible for such the eligibility of such property for such is restored. the preceding sentence shall not more than once with respect to any effective amendments made by section shall apply to periods after december 31 DATE , under rules similar to the rules of section 48(m) the internal revenue code of 1986 DATE (as in effect on the before the date of the enactment of the revenue act of 1990 DATE ). 136104 DATE . elective payment for energy property electricity produced from renewable resources, etc. in b of chapter 65 LAW is by inserting after section 6416 LAW the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01741 fmt 6652 CARDINAL sfmt 6201 6417 DATE . elective payment of applicable credits. in the case of a taxpayer making election (at such time and in such manner as the may provide) under this section with respect to any credit determined with respect to such taxpayer, taxpayer shall be treated as making a payment the tax imposed by subtitle a (for the taxable year DATE respect to which such credit was determined) equal the amount of such credit. applicable term means each of the following: the renewable electricity production credit under section 45 LAW . the energy credit determined under 48 DATE . the credit for carbon oxide sequestration under section 45q LAW . the credit for alternative fuel vehicle property allowed under section 30c LAW . the qualifying advanced energy project determined under section 48c LAW . special purposes of this application to tax-exempt and the case of any exempt from the tax imposed by subtitle a, 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01742 fmt 6652 CARDINAL sfmt 6201 CARDINAL state or local government (or political thereof), or any indian NORP tribal government the meaning of section 139e LAW ), which makes the described in subsection (a), any applicable shall be without regard to paragraphs ( 3 CARDINAL ) and of section 50(b LAW ), and by treating any property with respect which such credit is determined as used in trade or business of the taxpayer. application to partnerships and s in the case of any credit determined with respect to any resources, qualified facility, or energy held directly by a partnership or s if such partnership or s makes an election under this subsection (in manner as the secretary may provide) respect to such the secretary shall make a to such partnership or s corporation to the amount of such credit, subsection (d) shall be applied respect to such credit before 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01743 fmt 6652 sfmt 6201 any distributive share, or pro rata share, of such any amount with respect to the election in subsection (a) is shall be treated as tax exempt for purposes of sections 705 CARDINAL and and a distributive share of tax exempt income shall be based on distributive share of the applicable credit for each taxable coordination with application partner or shareholder the of any partnership or s corporation, (a) shall be applied at the partner or level after application of paragraph irrevocable election this subsection shall be made not later than due date (including extensions of time) for the of tax for the taxable year DATE for which the credit is determined, but in no event earlier 180 days DATE after the date of the enactment of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01744 fmt 6652 CARDINAL sfmt 6201 CARDINAL section. any such election, once made, shall be payment described in (a) shall be treated as made in the case of any government, or subdivision, described in paragraph ( 1 CARDINAL ) for which no return is required under 6011 DATE or 6033(a), the later of the date that return would be due under section 6033(a) if government or subdivision were described that section or the date on which such or subdivision submits a claim for or refund (at such time and in such as the secretary shall provide), and in any other case, the later of the due of the return of tax for the taxable year the date on which such return is filed. treatment of payments to and s purposes of 1324 DATE of title 31 CARDINAL , united states code, the under subparagraph (a)(ii) of paragraph ( 2 CARDINAL ) be treated in the same manner as a refund due a credit provision referred to in subparagraph of such paragraph. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01745 fmt 6652 sfmt 6201 CARDINAL additional a of, and prior to, a payment under this section, secretary may require such information or as the secretary deems necessary or for purposes of preventing duplication, fraud, payments, or excessive payments under section. excessive in the case of a made to a taxpayer under this subsection any amount treated as a payment which is by the taxpayer under subsection (a) the secretary determines constitutes an payment, the tax imposed on such by chapter 1 LAW for the taxable year in such determination is made shall be by an amount equal to the sum the amount of such excessive plus an amount equal to 20 percent PERCENT of excessive payment. reasonable shall not apply if the taxpayer to the satisfaction of the secretary 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01746 fmt 6652 CARDINAL sfmt 6201 the excessive payment resulted from cause. excessive payment of this paragraph, the term means, with respect to a facility for an election is made under this section for taxable year, an amount equal to the excess the amount of the payment made the taxpayer under this subsection with to such facility for such taxable over the amount of the credit which, application of this subsection, be otherwise allowable under this with respect to such facility for taxable year DATE . denial of double the case of taxpayer making an election under this section with to an applicable credit, such credit shall be reduced zero CARDINAL and such taxpayer shall be deemed to have taken credit. mirror code the case of possession of the united states GPE with a mirror code system (as defined in section 24(k LAW )), this section shall 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01747 fmt 6652 sfmt 6201 be treated as part of the income tax laws of the united for purposes of determining the income tax law of possession unless such possession elects to have this be so treated. basis reduction and to the rules of subsections (a) and (c) of section shall apply for purposes of this section. secretary shall issue such or other guidance as may be necessary or to carry out the purposes of this section, regulations or other guidance providing for determining a distributive share the tax exempt income described in subsection and guidance to ensure that the amount of the or deemed payment made under this is commensurate with the amount of the credit would be otherwise clerical table of sections subchapter b of chapter 65 LAW is amended by inserting the item relating to section 6416 CARDINAL the following new 6417 DATE . elective payment of applicable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01748 fmt 6652 CARDINAL sfmt 6211 DATE in amendments made by this shall apply to property placed in service after the 31, 2021. 136105 DATE . investment credit for electric property. in e of part iv of a of chapter 1 LAW is amended by inserting after 48c DATE the following new section: 48d DATE . qualifying electric transmission allowance of purposes of 46 DATE , the qualifying electric transmission property for any taxable year DATE is an amount equal to 30 percent PERCENT the basis of qualifying electric transmission property in service by the taxpayer during such taxable year DATE . qualifying electric transmission purposes of this in term transmission means tangible which is a qualifying electric line or related transmission property, the construction, reconstruction, or of which is completed by the taxpayer, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01749 fmt 6652 CARDINAL sfmt 6201 which is acquired by the taxpayer if original use of such property commences the taxpayer, and with respect to which depreciation (or in lieu of depreciation) is qualifying electric transmission term electric transmission means an electric transmission line is capable of transmitting electricity a voltage of not less than 275 CARDINAL kilovolts, and has a transmission capacity of not than 500 megawatts QUANTITY . related transmission in term means, with respect to electric transmission line, any property is listed as in uniform system of accounts for the energy regulatory commission ORG part 101 CARDINAL of subchapter c of chapter of title 18 CARDINAL , code of federal regulations, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01750 fmt 6652 sfmt 6201 is necessary for the operation of electric transmission line. credit not allowed separately respect to related shall be allowed to any taxpayer under section with respect to any related property unless such taxpayer is a credit under this section with respect to qualifying electric transmission to such related transmission property application to replacement and in the case of any electric transmission line (determined without to this subsection) which replaces any electric transmission the 500 megawatts QUANTITY referred to in (b)(2)(b) shall be increased by the capacity of such existing electric line, and in no event shall the basis of such electric transmission (or related property with respect to such electric transmission line) be taken into 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01751 fmt 6652 CARDINAL sfmt 6201 in determining the credit allowed under section. purposes of this subsection, any of an existing electric transmission line shall treated as a replacement of such line. exception for certain property and already in credit shall be under this section with respect any property if a state or political thereof, any agency or instrumentality of the states, a public service or public utility or other similar body of any state or subdivision thereof, or the governing or body of an electric cooperative has, before date of the enactment of this section, selected cost allocation such property for cost recovery, or any property construction of such property begins january 1, 2022 DATE , or construction of any portion of the electric transmission line to which property relates begins before such date. certain qualified progress expenditures made similar to the rules of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01752 fmt 6652 CARDINAL sfmt 6201 (c)(4) and (d) of section 46 LAW (as in effect on day before the enactment of the revenue act of 1990 DATE ) shall apply for purposes of this section. credit adjustments; wage and base credit amount and increased amount for applicable in the case of any facility which does not satisfy the of subparagraph of the credit determined under this shall be 20 percent PERCENT of such (determined without regard to this purposes of this subsection, term means a electric transmission line and related property to which such electric transmission line relates. increased credit for applicable meeting project in the case of any facility which meets the project 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01753 fmt 6652 CARDINAL sfmt 6201 CARDINAL of this subparagraph, (a) shall not apply. project meets the requirements of this if it is one of the following: a project with a maximum output of less than 1 megawatt QUANTITY . a project which commences prior to the date of the of this paragraph. a project which satisfies requirements of paragraphs ( 2 CARDINAL ) ( 3 CARDINAL ). prevailing wage in requirements in this subparagraph with respect to applicable facility are that the taxpayer ensure that any laborers and mechanics by contractors and subcontractors the construction of such facility, for any year DATE during the 5-year DATE beginning on the date the facility or is originally placed in service, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01754 fmt 6652 CARDINAL sfmt 6201 DATE or repair of such facility or be paid wages at rates not less than the rates for construction, alteration, or of a similar character in the locality as recently determined by the secretary of in accordance with subchapter iv of 31 CARDINAL of title 40 CARDINAL , united states code. correction and penalty related failure to satisfy wage taxpayer shall not be treated as to satisfy the requirements of this such taxpayer meets requirements apprenticeship described in this subparagraph with to the construction of any applicable facility as follows: labor percentage of total labor contractors and engaged in the performance of alteration, or repair work on any facility prior to such facility 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01755 fmt 6652 CARDINAL sfmt 6201 placed into service shall, subject to (b), ensure that not less the applicable percentage of the total hours TIME of such work be performed by apprentices. applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01756 fmt 6652 CARDINAL sfmt 6201 DATE department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01757 fmt 6652 CARDINAL sfmt 6201 qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the in the case of any facility which satisfies the requirements subparagraph (b), the credit determined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01758 fmt 6652 CARDINAL sfmt 6201 subsection (a) shall be increased by the rate in subparagraph (c). in requirement in this subclause with respect to applicable facility is satisfied if the certifies to the secretary (at such and in such form and manner, as the may prescribe) that the facility composed of steel, iron, or manufactured which were produced the states. steel and the case steel or iron, clause (i) shall be applied a manner consistent with section of title 49 DATE , code of federal manufactured purposes of clause (i), a manufactured shall be deemed to have been in the united states GPE if not less 55 percent PERCENT of the total cost of the of such product is attributable components which are mined, produced, manufactured in the united states GPE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01759 DATE fmt 6652 sfmt 6201 applicable rate of subparagraph (a), the applicable rate increase shall be an amount equal in the case of applicable facility does not meet the requirements of or of paragraph 2 CARDINAL percentage points, and in the case of applicable facility meets the requirements of subclause or (iii) of paragraph (1)(b)(ii), 10 CARDINAL points. paragraph shall be applied in a manner is consistent with the obligations of the states under international agreements. penalty for direct in the case of a making an election under section 6417 LAW respect to a credit under this section, the of such credit shall be replaced the value of such credit without regard to this paragraph), by the applicable percentage. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01760 fmt 6652 CARDINAL sfmt 6201 100 percent PERCENT applicable for certain applicable case of any applicable which satisfies the requirements paragraph ( 11 CARDINAL ) with respect to the of such property, or with a maximum net output of than 1 megawatt QUANTITY , applicable percentage shall be 100 percent PERCENT . phased domestic content to subparagraph (d), in case of any qualified facility which is not in subparagraph (b), the applicable shall if construction of such facility before january 1, 2024 DATE , 100 CARDINAL if construction of such facility in calendar year 2024 DATE , 90 percent PERCENT , if construction of such facility in calendar year 2025 DATE , 85 percent PERCENT , if construction of such facility after december 31, 2025 DATE , 0 percent PERCENT . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01761 fmt 6652 CARDINAL sfmt 6201 CARDINAL order to facilitate use of amounts made available in this increase the tax incentives for investment clean energy, and grow the domestic supply the secretary shall provide appropriate to the domestic content requirements products under subparagraph (c) for the of qualified facilities if either the of domestic products increases the costs of projects by more than 25 CARDINAL or relevant manufactured products are not in the united states GPE in sufficient and available quantities or of a quality. property section shall not apply to such property is placed in service before 1, 2032 DATE , and the qualifying electric transmission line respect to which such property relates is placed service before such date. regulations and secretary, consultation with the chairman of the federal regulatory commission ORG , shall issue such regulations 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01762 fmt 6652 sfmt 6201 CARDINAL other guidance as the secretary determines necessary appropriate to carry out the purposes of this elective payment of as added by the preceding provisions of this act, amended by adding at the end the following new the qualifying electric transmission credit determined under section conforming section 46 CARDINAL is by striking at the end of (5), by striking the period at the end of ( 6 CARDINAL ) and inserting and by adding at the end the following new the qualifying electric transmission section 49(a)(1)(c) is by striking at the end of clause by striking the period at the end of (v) and inserting and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01763 fmt 6652 sfmt 6201 the basis of any qualifying transmission property under section section 50(a)(2)(e) is amended by striking and inserting or the table of sections for subpart e of part of subchapter a of chapter 1 LAW of such code is by inserting after the item relating to 48c CARDINAL the following new item: 48d DATE . qualifying electric transmission effective in amendments made by section shall apply to property placed in service december 31, 2021 DATE . exception for certain property and already in exclusion of property and projects already in process, see 48d(d) of the internal revenue code of (as added by this section). 136106 DATE . zero CARDINAL emissions facility credit. in e of part iv of a of chapter 1 LAW is amended by inserting after 48c DATE the following new section: 48e DATE . zero CARDINAL emissions facility credit. in purposes of section 46 LAW , the emissions facility credit for any taxable year DATE is an 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01764 fmt 6652 sfmt 6201 CARDINAL equal to 30 percent PERCENT of the qualified investment such taxable year DATE with respect to any zero CARDINAL emissions of the taxpayer. qualified in purposes of subsection the qualified investment for any taxable year is basis of eligible property placed in service by the during such taxable year DATE which is part of zero CARDINAL emissions facility. certain qualified progress rules made similar to rules of subsections (c)(4) and (d) of section 46 LAW in effect on the day DATE before the enactment of the reconciliation act of 1990 DATE ) shall apply for of this section. amount which is as the qualified investment for all taxable years DATE respect to any zero CARDINAL emissions facility shall not the amount designated by the secretary as for the credit under this section. zero CARDINAL emissions in purposes of this the term emissions means any which generates electricity, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01765 fmt 6652 CARDINAL sfmt 6201 which does not generate any gases (within the meaning of section of the clean air act LAW ( 42 u.s.c QUANTITY . as in effect on the date of the of this section), which uses a technology or process in the calendar year DATE in which an amount credit is designated with respect to such achieved a market penetration level of than 3 percent, no portion of which a qualified facility (as defined in 45(d)), an advanced nuclear power (as defined in section 45j(d)), a qualified facility (as defined in 45q DATE ), or 48(a)(3 DATE )). energy property (as defined in market penetration of this subsection, the term means, with respect to any calendar year, amount equal to the greater the amount (expressed as a equal to the quotient 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01766 CARDINAL fmt 6652 CARDINAL sfmt 6201 the sum of all electricity produced in terawatt hours TIME ) from the or method used for the of electricity by all electricity facilities in the united states GPE during calendar year DATE (as determined by the on the basis of data reported by energy information administration ORG ), by the total domestic power sector hours TIME ) for such calendar year, or the amount determined under subparagraph for the preceding year DATE with respect to such technology method. eligible purposes of this the term means any which is necessary for the generation of which tangible personal property, or other tangible property (not including building or its structural components), but if such property is used as an integral part the zero CARDINAL emissions facility, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01767 fmt 6652 CARDINAL sfmt 6201 with respect to which depreciation (or in lieu of depreciation) is allowable. in later than 180 days DATE the date of enactment of this section, the after consultation with the secretary of and the administrator of the environmental agency, shall establish a program to and award certification amounts of zero CARDINAL facility credit limitation to zero CARDINAL emissions annual DATE in amount of zero CARDINAL facility credit limitation that may be under this subsection during any year shall not exceed the annual DATE credit with respect to such year DATE . annual DATE credit of this subsection, the term means $ 250,000,000 MONEY for each calendar years 2022 DATE through 2031 DATE , and zero CARDINAL carryover of unused the annual DATE credit limitation for any year exceeds the aggregate amount 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01768 fmt 6652 CARDINAL sfmt 6201 DATE for such year DATE under this subsection, limitation for the succeeding calendar year be increased by the amount of such excess. amount may be carried under the preceding to any calendar year after 2031 DATE . placed in service in credit shall be under subsection (a) with respect to zero CARDINAL emissions facility which is placed in after the date that is 4 years DATE after the of the designation under this subsection to such zero CARDINAL emissions facility. application of of credit which expires under (a) during any calendar year shall be into account as an excess described in (2)(c) (or as an increase in such for such calendar, subject to the limitation by the last sentence of such paragraph. selection determining zero CARDINAL emissions facilities to certify under this the secretary, after consultation with the of energy and the administrator of the protection agency, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01769 fmt 6652 sfmt 6201 take into consideration which will result in the greatest of greenhouse gas emissions, have the greatest potential for innovation and commercial and will result in the greatest of local environmental effects that are to human health, and require that applicants provide assurances to the secretary that all laborers mechanics employed by contractors and in the performance of alteration or repair work on a zero CARDINAL facility shall be paid wages at rates not than those prevailing on projects of a character in the locality as determined by secretary of labor in accordance with iv of chapter 31 LAW of title 40 CARDINAL , united code. disclosure of shall, upon making a certification under subsection, publicly disclose the identity of the the amount of the credit awarded with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01770 fmt 6652 CARDINAL sfmt 6201 to such applicant, and the location of the zero- facility for which such credit is awarded. credit conditioned upon wage and in credit shall be allocated a zero CARDINAL emissions facility under this section unless zero CARDINAL emissions facility meets the prevailing wage of paragraph ( 2 CARDINAL ) and the requirements of paragraph ( 3 CARDINAL ). prevailing wage in requirements in this paragraph with respect to a zero CARDINAL facility are that the taxpayer shall that any laborers and mechanics employed contractors and subcontractors the construction of such zero CARDINAL facility, and for any year DATE during the 5-year DATE beginning on the date the facility is placed in service, the alteration repair of such zero CARDINAL emissions facility, be paid wages at rates not less than the rates for construction, alteration, or of a similar character in the locality as recently determined by the secretary of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01771 fmt 6652 sfmt 6201 in accordance with subchapter iv of 31 CARDINAL of title 40 CARDINAL , united states code. correction and penalty related failure to satisfy wage in the case of any which fails to satisfy the under subparagraph (a) with respect the construction of any qualified facility with respect to the alteration or repair a facility in any year DATE during the period in subparagraph (a)(ii), such shall be deemed to have satisfied requirement under such subparagraph respect to such zero CARDINAL emissions facility any year DATE if, with respect to any laborer mechanic who was paid wages at a rate the rate described in such for any period during such year DATE , makes payment to such or mechanic in an amount equal the sum an amount equal to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01772 DATE fmt 6652 sfmt 6201 of wages paid to such or mechanic during such the amount of wages to be paid to such or mechanic pursuant to subparagraph during such plus interest on the determined under (aa) at the section 6621 for the described such and makes payment to the of a penalty in an amount to the product $ 5,000 MONEY , multiplied by the total number of and mechanics who were wages at a rate below the described in subparagraph for any period during such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01773 fmt 6652 sfmt 6201 CARDINAL penalty assessed as penalty described in clause (i)(ii) be treated in the same manner as a imposed under subchapter b of 68 CARDINAL . apprenticeship described in this subparagraph with to a zero CARDINAL emissions facility are as follows: labor percentage of total labor contractors and engaged in the performance of alteration, or repair work on any prior to such facility being placed service shall, subject to subparagraph ensure that not less than the percentage of the total labor hours of work be performed by qualified applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable emissions facility the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01774 DATE fmt 6652 CARDINAL sfmt 6201 of which begins before january 1 DATE , 5 percent PERCENT , in the case of any zero CARDINAL emissions facility the of which begins after 31, 2022 DATE , and before january 2024 DATE , 10 percent PERCENT , and in the case of any zero CARDINAL emissions facility the of which begins after 31, 2023 DATE , 15 percent PERCENT . apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or work on an applicable zero CARDINAL emissions shall employ 1 CARDINAL or more qualified to perform such work. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01775 fmt 6652 sfmt 6201 in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01776 fmt 6652 sfmt 6201 of such apprenticeship purposes of this labor term means the total number of devoted to the performance of alteration, or by employees of the contractor subcontractor prior to a facility placed into service, and excludes any hours worked foremen, superintendents, owners, or persons employed in a fide executive, or professional capacity the meaning of those in part 541 CARDINAL of title 29 CARDINAL , of federal regulations). qualified has the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01777 fmt 6652 CARDINAL sfmt 6201 regulations and shall issue such regulations or other guidance the secretary determines necessary or appropriate carry out the purposes of this subsection. penalty for direct in the case of a making an election under section 6417 LAW respect to a credit under this section, the of such credit shall be replaced the value of such credit without regard to this paragraph), by the applicable percentage. 100 percent PERCENT applicable for certain qualified case of any qualified which satisfies the requirements paragraph ( 5 CARDINAL ) with respect to the of such facility, or with a maximum net output of than 1 megawatt QUANTITY , applicable percentage shall be 100 percent PERCENT . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01778 fmt 6652 sfmt 6201 phased domestic content to subparagraph (d), in case of any qualified facility which is not in subparagraph (b), the applicable shall if construction of such facility before january 1, 2024 DATE , 100 CARDINAL if construction of such facility in calendar year 2024 DATE , 90 percent PERCENT , if construction of such facility in calendar year 2025 DATE , 85 percent PERCENT , if construction of such facility after december 31, 2025 DATE , 0 percent PERCENT . the secretary, after with the secretary of commerce the united states GPE trade representative, that, for purposes of application of requirements under paragraph ( 5 CARDINAL ) with to the construction of the qualified their application would be with the public interest, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01779 fmt 6652 CARDINAL sfmt 6201 CARDINAL such materials and products are produced in the united states GPE in and reasonably available quantities of a satisfactory quality, or inclusion of domestic material increase the cost of the construction of qualified facility by more than 25 CARDINAL applicable percentage shall be 100 CARDINAL elective payment of as added and amended by the preceding of this act, is amended by adding at the end the new paragraph: the zero CARDINAL emissions facility credit under section conforming section 46 CARDINAL is amended by striking at end of paragraph ( 6 CARDINAL ), by striking the period at end of paragraph ( 7 CARDINAL ) and inserting and adding at the end the following new paragraph: the zero CARDINAL emissions facility section 49(a)(1)(c) is amended by striking at the end of clause (v), by striking the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01780 fmt 6652 CARDINAL sfmt 6201 at the end of clause (vi) and inserting a comma, by adding at the end the following new clause: the basis of any eligible which is part of a zero CARDINAL emissions under section section 50(a)(2)(e) is amended by striking or and inserting or the table of sections for subpart e of part of subchapter a of chapter 1 LAW is amended by after the item relating to section 48d the new item: 48e CARDINAL . zero CARDINAL emissions facility credit. effective amendments made by section shall apply to periods after december 31 DATE , under rules similar to the rules of section 48(m) the internal revenue code of 1986 DATE (as in effect on the before the date of the enactment of the revenue act of 1990 DATE ) 136107. extension and modification of credit carbon oxide sequestration. 45q(d)(1 CARDINAL ) is amended by 1 CARDINAL , and inserting 1 CARDINAL , modification of carbon oxide capture 45q(d)(2) is amended to read as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01781 fmt 6652 sfmt 6201 which in the case of a direct air capture not less than 1,000 metric tons QUANTITY of carbon oxide during the taxable year, in the case of an electricity facility, not less than 18,750 metric tons QUANTITY qualified carbon oxide during the taxable and not less than 75 percent PERCENT of the carbon that would otherwise be released into the by such facility during such taxable and in the case of any other facility, not than 12,500 metric tons QUANTITY of qualified carbon during the taxable year and not less than percent PERCENT of the carbon oxide that would be released into the atmosphere by such during such taxable determination of applicable dollar in 45q(b)(1) is by redesignating subparagraph (b) as (c) and by inserting after subparagraph (a) following new subparagraph: special rule for direct air any taxable year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01782 fmt 6652 sfmt 6201 DATE after december 31, 2021 DATE , in the case of qualified facility described in subsection the applicable dollar amount shall be amount equal for purposes of paragraph ( 3 CARDINAL ) of (a), an amount equal to the of $ 180 MONEY and the inflation factor for such calendar year under section 43(b)(3)(b) for such year DATE , determined by substituting for and for purposes of paragraph ( 4 CARDINAL ) of subsection, an amount equal to the of $ 130 MONEY and the inflation factor for such calendar year under section 43(b)(3)(b) for such year DATE , determined by substituting for conforming section 45q(b)(1)(a LAW ) is amended by applicable dollar and as provided in subparagraph the applicable dollar section 45q(b)(1)(c DATE ), as redesignated subparagraph (a), is amended by striking 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01783 CARDINAL fmt 6652 sfmt 6201 and inserting (a) or wage and apprenticeship 45q CARDINAL is amended by redesignating subsection (h) subsection (i) and inserting after subsection (g) new subsection: base credit amount and increased amount for qualified facilities and carbon in the case of any qualified and any carbon capture equipment which not satisfy the requirements of paragraph ( 2 CARDINAL ), amount of the credit determined under (a) shall be 20 percent PERCENT of such amount without regard to this sentence). increased credit for certain and carbon capture equipment meeting in the case of any facility and any carbon capture placed in service at such facility which the project requirements of this subparagraph (a) shall not apply. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01784 fmt 6652 CARDINAL sfmt 6201 CARDINAL project project the requirements of this subparagraph if is one of the following: a qualified facility with a net output of less than 1 megawatt QUANTITY . a qualified facility or any carbon equipment placed in service at facility which commences construction to the date of the enactment of this a project which satisfies the of paragraphs ( 3 CARDINAL ) and (4). prevailing wage in requirements in this subparagraph with respect to qualified facility and any carbon capture placed in service at such facility are the taxpayer shall ensure that any laborers mechanics employed by contractors and the construction of such facility carbon capture equipment, the alteration or repair of such and carbon capture equipment the 12 year-period DATE after being placed 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01785 fmt 6652 sfmt 6201 service, or for carbon capture placed in service prior to 2018 DATE , until date determined by the secretary subsection (g), be paid wages at rates not less than the rates for construction, alteration, or of a similar character in the locality as recently determined by the secretary of in accordance with subchapter iv of 31 CARDINAL of title 40 CARDINAL , united states code. correction and penalty related failure to satisfy wage in the case of any which fails to satisfy the under subparagraph (a) with respect the construction of any qualified facility with respect to the alteration or repair a facility in any year DATE during the period in subparagraph (a)(ii), such shall be deemed to have satisfied requirement under such subparagraph respect to such facility and carbon equipment for any year DATE if, with to any laborer or mechanic who was 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01786 fmt 6652 CARDINAL sfmt 6201 wages at a rate below the rate in such subparagraph for any during such year DATE , such makes payment to such or mechanic in an amount equal the sum of an amount equal to the between the amount of paid to such laborer or during such period, the amount of wages to be paid to such or mechanic pursuant to subparagraph during such plus determined under item at the underpayment rate under section 6621 LAW the period described in such and makes payment to the of a penalty in an amount to the product $ 5,000 MONEY , multiplied by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01787 fmt 6652 sfmt 6201 the total number of and mechanics who were wages at a rate below the described in subparagraph for any period during such penalty assessed as penalty described in clause (i)(ii) be treated in the same manner as a imposed under subchapter b of 68 CARDINAL . apprenticeship described in this paragraph with to any qualified facility and carbon capture are as follows: labor percentage of total labor contractors and engaged in the performance of alteration, or repair work on any and carbon capture equipment to such facility being placed into shall, subject to subparagraph (b), that not less than the applicable of the total labor hours of such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01788 fmt 6652 CARDINAL sfmt 6201 be performed by qualified applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01789 fmt 6652 CARDINAL sfmt 6201 CARDINAL contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01790 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the regulations and shall issue such regulations or other guidance the secretary determines necessary or appropriate carry out the purposes of this increased applicable dollar in 45q(b)(1) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01791 DATE fmt 6652 sfmt 6201 by amending clause (i) of (a) to read as follows: for any taxable year DATE beginning in calendar year after 2016 DATE and before for purposes of paragraph of subsection (a), $ 50 MONEY for each year during such period, and for purposes of paragraph of such subsection, $ 35 MONEY for each year DATE during such period, by redesignating subparagraphs (b) (c) as subparagraphs (c) and (d), and by inserting after subparagraph (a) following new subparagraph: inflation the of any taxable year DATE beginning in a calendar after 2025 DATE , each of the dollar amounts in (a)(i) shall be increased by an equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the year DATE in which the taxable year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01792 fmt 6652 CARDINAL sfmt 6201 determined by substituting for year DATE in (a)(ii) thereof. increase determined under the preceding shall be rounded to the nearest effective amendment made by (a) shall apply to facilities the of which begins after december 31, 2025 DATE . other amendments by subsections (b), (c), (d), and (e) shall apply taxable years DATE beginning after december 31, 2021. DATE 136108. green energy ORG publicly traded in 7704(d)(1)(e DATE ) is by striking and gains derived from and inserting and gains and the by before by striking or the transportation or and all that follows and inserting the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01793 fmt 6652 sfmt 6201 the generation of electric power thermal energy exclusively using any energy resource (as defined in 45(c)(1 CARDINAL )), the operation of energy property defined in section 48(a)(3 LAW ), determined regard to any date by which the of the facility is required to in the case of a facility described paragraph ( 3 CARDINAL ) or (7) of section 45(d) without regard to any placed service date or date by which of the facility is required to begin), accepting or processing of open-loop or municipal solid waste, the transportation or storage of fuel described in subsection (b), (c), or (e) of section 6426 LAW , the conversion of renewable (as defined in subparagraph (i) of 211(o)(1 CARDINAL ) of the clean air act LAW (as effect on the date of the enactment of clause)) into renewable fuel (as in subparagraph (j) of such section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01794 fmt 6652 CARDINAL sfmt 6201 so in effect), or the storage or of such fuel, production, storage, or of any fuel uses as its primary feedstock oxides captured from an source or the atmosphere, does not use as its primary carbon oxide which is released from naturally subsurface springs, and is determined by the after consultation with the of energy and the of the environmental agency, to achieve a reduction of less than a CARDINAL 60 percent PERCENT in lifecycle gas emissions (as defined section 211(o)(1)(h) of the clean act, as in effect on the date of the of this clause) compared to lifecycle greenhouse gas of such act, as so in or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01795 fmt 6652 CARDINAL sfmt 6201 CARDINAL a qualified facility (as defined section 45q(d LAW ), without regard to any by which construction of the facility is to effective amendments made by section apply to taxable years DATE beginning after 31, 2021. DATE 136109 DATE . zero CARDINAL -emission nuclear power credit. in d of part iv of a of chapter 1 LAW of the internal revenue code of is amended by adding at the end the following new 45w. zero CARDINAL -emission nuclear power production amount of purposes of section the zero CARDINAL -emission nuclear power production credit for taxable year DATE is an amount equal to the amount by the product 1.5 cents MONEY , multiplied by the kilowatt hours TIME of produced by the taxpayer at a nuclear power facility, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01796 fmt 6652 CARDINAL sfmt 6201 sold by the taxpayer to an person during the taxable year, the reduction amount for such taxable qualified nuclear power purposes of this section, the term power means any nuclear which is owned by the taxpayer and uses nuclear energy to produce which has not received an allocation section 45j(b LAW ), and which is placed in service before the of the enactment of this section. reduction in purposes of this the term means, respect to any qualified nuclear power for any taxable year, the amount equal to lesser the amount determined under (a)(1), or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01797 fmt 6652 CARDINAL sfmt 6201 the excess the amount equal to 80 percent PERCENT subject to subparagraph (b), gross receipts from any electricity by such facility (including electricity services or products in conjunction with the produced by such facility) and to an unrelated person during taxable year DATE , over the amount equal to the 2.5 cents MONEY , multiplied amount in amount under subparagraph (a)(ii)(i) include any amount received by the during the taxable year with to the qualified nuclear power facility a zero CARDINAL -emission credit program unless 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01798 fmt 6652 sfmt 6201 CARDINAL amount received by the taxpayer is to by the full amount of the determined under this section, by any lesser amount if amount entirely offsets received from a zero CARDINAL -emission program. zero CARDINAL -emission credit purposes of this the term credit means any payments to a qualified power facility as a result of any state or local government for, in whole or in part, the zero- zero CARDINAL -carbon, or air quality of any portion of the electricity by such facility. purposes of this the term means the energy by a qualified nuclear power facility from the of nuclear fuel into electric power. other 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01799 fmt 6652 CARDINAL sfmt 6201 CARDINAL inflation 1.5 cent MONEY in subsection (a)(1)(a) and the 2.5 cent MONEY in subsection (b)(2)(a)(ii)(ii)(aa) shall each adjusted by multiplying such amount by the adjustment factor (as determined under section as applied by substituting year DATE for year DATE in subparagraph (b) for the calendar year DATE in which the sale if any amount as increased under the sentence is not a multiple of 0.1 cent MONEY , such shall be rounded to the nearest multiple of cent. special similar to the of paragraphs ( 1 CARDINAL ), ( 3 CARDINAL ), (4), and (5) of section shall apply for purposes of this section. denial of double credit be allowed under section 48e LAW for any power for which a credit is taken under this apprenticeship base credit amount and increased amount for qualified nuclear power 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01800 CARDINAL fmt 6652 sfmt 6201 in the case of any nuclear power facility which does not the requirements of subparagraph (b), amount of the credit determined under (a) and the 2.5 cent MONEY amount in (b)(2)(a)(ii)(ii)(aa) shall be 20 percent PERCENT such amount (determined without regard to sentence). increased credit for certain meeting project in the case of any nuclear power which the project requirements of this subparagraph (a) shall not project meets the requirements of this if it is one of the following: a project with a maximum output of less than 1 megawatt QUANTITY . a project which satisfies requirements of paragraphs ( 2 CARDINAL ) ( 3 CARDINAL ). prevailing wage 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01801 fmt 6652 CARDINAL sfmt 6201 in taxpayer shall that any laborers and mechanics employed contractors and subcontractors in the or repair of a facility shall be paid wages rates not less than the prevailing rates for alteration, or repair of a similar in the locality as most recently by the secretary of labor, in accordance subchapter iv of chapter 31 LAW of title 40 CARDINAL , states code. correction and penalty related failure to satisfy wage in the case of any which fails to satisfy the under subparagraph (a), such shall be deemed to have satisfied requirement under such subparagraph respect to such facility for any year DATE if, respect to any laborer or mechanic was paid wages at a rate below the described in such subparagraph for period during such year DATE , such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01802 fmt 6652 CARDINAL sfmt 6201 makes payment to such or mechanic in an amount equal the sum an amount equal to of wages paid to such or mechanic during such the amount of required to be paid to or mechanic to such during such period, interest on the determined under (aa) at the section 6621 for the described such and makes payment to the of a penalty in an amount to the product $ 5,000 MONEY , multiplied by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01803 fmt 6652 CARDINAL sfmt 6201 the total number of and mechanics who were wages at a rate below the described in subparagraph for any period during such penalty assessed as penalty described in clause (i)(ii) be treated in the same manner as a imposed under subchapter b of 68 CARDINAL . apprenticeship described in this subparagraph with to any qualified nuclear power facility are as labor percentage of total labor contractors and engaged in the performance of or repair work on any qualified power facility shall, subject to (b), ensure that not less than applicable percentage of the total labor of such work be performed by apprentices. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01804 fmt 6652 CARDINAL sfmt 6201 applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01805 DATE fmt 6652 CARDINAL sfmt 6201 work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01806 fmt 6652 CARDINAL sfmt 6201 DATE or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the regulations and shall issue such regulations or other guidance the secretary determines necessary or appropriate carry out the purposes of this subsection. section shall not apply to years DATE beginning after december 31 DATE , conforming section 38(b CARDINAL ) of the internal revenue code 1986 DATE is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01807 fmt 6652 CARDINAL sfmt 6201 in paragraph ( 36 CARDINAL ), by striking the end, in paragraph ( 37 CARDINAL ), by striking the at the end and inserting and by adding at the end the following new the zero CARDINAL -emission nuclear power credit determined under section the table of sections for subpart d of part of subchapter a of chapter 1 LAW of such code is by adding at the end the following new 45w. zero CARDINAL -emission nuclear power production elective payment of as added by the preceding provisions of this act, amended by adding at the end the following new the zero CARDINAL -emission nuclear power credit determined under section effective section shall apply to produced and sold after december 31, 2021 DATE , in years DATE beginning after such date. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01808 CARDINAL fmt 6652 CARDINAL sfmt 6201 fuels 136201 DATE . extension of incentives for biodiesel, diesel and alternative biodiesel and renewable diesel 40a(g) is amended by striking 31 CARDINAL , and inserting 31 CARDINAL , biodiesel mixture 6426(c)(6) by striking 31 CARDINAL , and 31 DATE , fuels not used for taxable 6427(e)(6)(b) is amended by 31 DATE , and inserting is amended by striking 31 CARDINAL , inserting 31 CARDINAL , alternative fuel mixture is amended by striking 31 CARDINAL , inserting 31 CARDINAL , payments for alternative is amended by striking 31 CARDINAL , and inserting 31 CARDINAL , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01809 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to fuel sold or used after december 2021 DATE . 136202 DATE . extension of second ORDINAL generation incentives. in 40(b)(6)(j)(i) is amended striking and inserting effective amendment made by (a) shall apply to qualified second ORDINAL generation production after december 31, 2021. DATE 136203 DATE . sustainable aviation fuel credit. in d of part iv of a of chapter 1 LAW is amended by inserting after 40a CARDINAL the following new section: 40b DATE . sustainable aviation fuel credit. in purposes of section 38 LAW , the aviation fuel credit for the taxable year DATE is, with to any sale or use of a qualified mixture which during such taxable year DATE , an amount equal to the the number of gallons of sustainable fuel in such mixture, multiplied by the sum $ 1.25 MONEY , plus 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01810 fmt 6652 CARDINAL sfmt 6201 the applicable supplementary amount respect to such sustainable aviation fuel. applicable supplementary of this section, the term means, with respect to any sustainable fuel, an amount equal to $ 0.01 MONEY for each point by which the lifecycle greehouse gas emissions percentage with respect to such fuel exceeds 50 CARDINAL in no event shall the applicable supplementary determined under this subsection exceed $ 0.50 MONEY . qualified purposes of this the term means a mixture of aviation fuel and kerosene such mixture is produced by the taxpayer the united states GPE , such mixture is used by the taxpayer (or by the taxpayer for use) in an aircraft, such sale or use is in the ordinary course a trade or business of the taxpayer, and the transfer of such mixture to the fuel of such aircraft occurs in the united states GPE . sustainable aviation purposes this section, the term aviation means fuel meets the requirements 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01811 fmt 6652 sfmt 6201 CARDINAL astm or standard the fischer tropsch provisions of international standard d1655, annex is not derived from palm fatty distillates or and has been certified in accordance with (e) as having a lifecycle greenhouse gas reduction percentage of at least 50 percent PERCENT . lifecycle greenhouse gas emissions purposes of this in term gas emissions reduction means, respect to any sustainable aviation fuel, the reduction in lifecycle greenhouse gas achieved by such fuel in comparison with jet fuel as stated in a certification meets the requirements of paragraphs ( 2 CARDINAL ). certification meets the requirements of this paragraph such certification (including the methodology and of such certification) conforms with all and information transmission) of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01812 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL recent carbon offsetting and reduction for international aviation which has been by the international civil aviation with the agreement of the united states GPE . option to obtain certification from later than 24 months DATE after the of the enactment of this section, the secretary, consultation with the secretary of energy and administrator of the environmental protection shall establish procedures pursuant to which may obtain a certification which meets the of paragraph ( 2 CARDINAL ) from the secretary. registration of sustainable aviation credit shall be allowed under this with respect to any sustainable aviation fuel unless producer of such fuel has entered into an agreement the secretary to provide the secretary such with respect to such fuel as the secretary may require purposes of carrying out this section. coordination with credit against excise amount of the credit determined under this with respect to any sustainable aviation fuel shall, rules prescribed by the secretary, be properly to take into account any benefit provided with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01813 fmt 6652 CARDINAL sfmt 6201 to such sustainable aviation fuel solely by reason of application of section 6426 LAW or 6427(e). section shall not apply to sale or use after december 31 DATE , credit made part of general business section 38(b) is amended by striking the end of paragraph ( 37 CARDINAL ), by striking the period at end of paragraph ( 38 CARDINAL ) and inserting and by after paragraph ( 38 CARDINAL ) the following new the sustainable aviation fuel credit under section coordination with biodiesel in 40a(d)(1 CARDINAL ) is by inserting after under is amended by striking paragraph ( 4 CARDINAL ). sustainable aviation fuel added to for alcohol fuel, biodiesel, and alternative in 6426 DATE is amended by at the end the following new subsection: sustainable aviation fuel 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01814 fmt 6652 CARDINAL sfmt 6201 in purposes of this the sustainable aviation fuel credit for the year DATE is, with respect to any sale or use of a mixture, an amount equal to the product the number of gallons of sustainable fuel in such mixture, multiplied by the sum $ 1.25 MONEY , plus applicable supplementary with respect to such sustainable fuel. applicable supplementary purposes of this subsection, the term has the meaning given such in section 40b(b LAW ). other term used in subsection which is also used in section 40b DATE have the meaning given such term by section registration of this subsection, rules similar to the rules of 40b(f) shall conforming section 6426 DATE is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01815 CARDINAL fmt 6652 sfmt 6201 in subsection (a)(1), by striking and inserting and subsection (h), by striking section 40 LAW or and inserting section 40, 40a LAW , or section 6427(e)(6 LAW ) is amended by the at the end of subparagraph by striking the period at the end of (d) and inserting and by at the end the following new any qualified mixture of sustainable fuel (as defined in section 6426(k)(3 LAW )) or used after december 31 DATE , rules prescribed by the of the treasury (or the delegate), the of the credit allowed under section 40b LAW of the revenue code of 1986 DATE (as added by this subsection) be properly reduced to take into account any benefit with respect to sustainable aviation fuel (as in such section 40b) by reason of the application section 6426 CARDINAL or section 6427(e). amount of credit included in gross 87 CARDINAL is amended by striking in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01816 fmt 6652 sfmt 6201 DATE ( 1 CARDINAL ), by striking the period at the end of paragraph and inserting and by adding at the end the new paragraph: the sustainable aviation fuel credit with respect to the taxpayer for the taxable under section effective amendments made by section shall apply to fuel sold or used after december 2022 DATE . 136204 DATE . clean hydrogen. credit for production of clean in d of part iv of a of chapter 1 LAW is amended by adding at end the following new section: 45x DATE . credit for production of clean amount of purposes of section the clean hydrogen production credit for any taxable is an amount equal to the product the applicable amount, multiplied by the kilograms of qualified clean hydrogen by the taxpayer during such taxable year DATE a qualified clean hydrogen production facility 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01817 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL the 10-year DATE period beginning on the date such was originally placed in service. applicable in purposes of subsection the applicable amount shall be an amount to the applicable percentage of $ 3.00 MONEY . if any as determined under the preceding sentence not a multiple of 0.1 cent MONEY , such amount shall be to the nearest multiple of 0.1 cent MONEY . applicable purposes paragraph ( 1 CARDINAL ), the term in the case of any qualified clean which is produced through a process as compared to hydrogen produced by reforming, achieves a reduction in lifecycle greenhouse gas which is less than 75 percent PERCENT , 20 percent PERCENT , in the case of any qualified clean which is produced through a process as compared to hydrogen produced by reforming, achieves a reduction in lifecycle greenhouse gas which is not less than 75 percent PERCENT and less 85 percent PERCENT , 25 percent PERCENT , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01818 fmt 6652 CARDINAL sfmt 6201 in the case of any qualified clean which is produced through a process as compared to hydrogen produced by reforming, achieves a reduction in lifecycle greenhouse gas which is not less than 85 percent PERCENT and less 95 percent PERCENT , 34 percent PERCENT , and in the case of any qualified clean which is produced through a process as compared to hydrogen produced by reforming, achieves a reduction in lifecycle greenhouse gas which is not less than 95 percent PERCENT , 100 CARDINAL inflation $ 3.00 MONEY in paragraph ( 1 CARDINAL ) shall be adjusted by such amount by the inflation adjustment (as determined under section 45(e)(2 LAW ), by substituting for in (b) thereof) for the calendar year DATE in which qualified clean hydrogen is produced. if any as increased under the preceding sentence is a multiple of 0.1 cent MONEY , such amount shall be to the nearest multiple of 0.1 cent MONEY . purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01819 fmt 6652 CARDINAL sfmt 6201 CARDINAL lifecycle greenhouse gas purposes of this section, the term greenhouse gas has the same given such term under subparagraph (h) of 211(o)(1 CARDINAL ) of the clean air act LAW ( 42 u.s.c QUANTITY . as in effect on the date of enactment of section, as related to the full fuel lifecycle the point of hydrogen production. qualified clean in term means hydrogen which is through a process that, as compared to produced by steam-methane achieves a percentage reduction in lifecycle gas emissions which is not less than percent. additional shall not include any hydrogen unless such is in the united states GPE (as defined section 638(1 CARDINAL ) or a possession of the states (as defined section in the ordinary course of a trade business of the taxpayer, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01820 DATE fmt 6652 sfmt 6201 for sale or use. qualified clean hydrogen in term hydrogen production means a owned by the taxpayer which produces clean hydrogen and which meets the of subparagraph (b). term hydrogen production shall not any facility the construction of which after december 31, 2028 DATE . steam-methane term means a hydrogen process in which high-temperature steam is to produce hydrogen from natural gas (other natural gas derived from biomass (as defined section 45k(c)(3) as in effect on the date of the of this section), without carbon capture sequestration. special treatment of facilities owned by than 1 CARDINAL similar to the section 45(e)(3) shall apply for purposes of section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01821 fmt 6652 CARDINAL sfmt 6201 CARDINAL coordination with credit for carbon credit shall be allowed this section with respect to any qualified clean produced at a facility which includes for which a credit is allowed under section 45q LAW . base credit amount and increased credit for qualified clean hydrogen in the case of any qualified hydrogen production facility which does not the requirements of paragraph ( 2)(b CARDINAL ), the of the credit determined under subsection shall be 20 percent PERCENT of such amount (determined regard to this sentence). increased credit for certain meeting project in the case of any facility which meets the project of this paragraph, paragraph ( 1 CARDINAL ) not apply. project project the requirements of this subparagraph if is one of the following: a project with a maximum net of less than 1 megawatt QUANTITY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01822 fmt 6652 CARDINAL sfmt 6201 a project which commences prior to the date of the of this paragraph. a project which satisfies the of paragraphs ( 3 CARDINAL ) and (4). prevailing wage in requirements in this subparagraph with respect to qualified clean hydrogen production facility that the taxpayer shall ensure that any and mechanics employed by contractors subcontractors the construction of such facility, for the 10-year DATE period beginning the date the facility was originally in service, the alteration or repair of facility, be paid wages at rates not less than the rates for construction, alteration, or of a similar character in the locality as recently determined by the secretary of in accordance with subchapter iv of 31 CARDINAL of title 40 CARDINAL , united states code. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01823 fmt 6652 sfmt 6201 CARDINAL correction and penalty related failure to satisfy wage similar to the rules of section shall apply for purposes of this apprenticeship to the rules of section 45(b)(9) shall apply purposes of this paragraph. regulations and shall issue such regulations or other guidance the secretary determines necessary or appropriate carry out the purposes of this subsection. later than 1 year DATE after the of enactment of this section, the secretary, after with the secretary of energy and the of the environmental protection agency, shall issue or other guidance to carry out the purposes this section, including regulations or other for determining lifecycle greenhouse gas and which require verification by unrelated parties of the production and sale or use of clean hydrogen with respect to which credit otherwise allowed under this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01824 fmt 6652 CARDINAL sfmt 6201 elective payment of as added by the preceding provisions of act, is amended by adding at the end the new paragraph: the credit for production of clean determined under section conforming section 38(b) is in paragraph ( 38 CARDINAL ), by striking at the end, in paragraph ( 39 CARDINAL ), by striking the at the end and inserting by adding at the end the new paragraph: the clean hydrogen production credit under section the table of sections for subpart d of iv of subchapter a of chapter 1 LAW amended adding at the end the following new item: 45x CARDINAL . credit for production of clean effective amendments made this subsection shall apply to hydrogen placed in after december 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01825 fmt 6652 sfmt 6201 credit for electricity produced from resources allowed if electricity is to produce clean in 45(e) is amended by at the end the following new paragraph: special rule for electricity used a qualified clean hydrogen production produced by the taxpayer be treated as sold by such taxpayer to an person during the taxable year if such is used during such taxable year DATE by the or a person related to the taxpayer at a clean hydrogen production facility (as defined in 45x(d)(3)) to produce qualified clean (as defined in section 45x(d)(2 LAW )) during the 10 period after such facility is placed in service. secretary shall issue such regulations or other as the secretary determines appropriate to out the purposes of this paragraph, including or other guidance to require verification unrelated third ORDINAL parties of the production and use electricity to which this paragraph effective amendment made this subsection shall apply to electricity produced december 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01826 fmt 6652 sfmt 6201 election to treat clean hydrogen facilities as energy in 48(a) is amended by at the end the following new paragraph: election to treat clean hydrogen facilities as energy in the case of any property (as defined in paragraph which is part of a specified clean production such property shall be treated as property for purposes of this and the energy percentage with to such property in the case of a facility is designed and reasonably to produce qualified clean which is described in a (a) of section 45x(b)(2 LAW ), 6 CARDINAL in the case of a facility is designed and reasonably to produce qualified clean which is described in a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01827 fmt 6652 sfmt 6201 (b) of such section, 7.5 CARDINAL in the case of a facility is designed and reasonably to produce qualified clean which is described in a (c) of such section, 10.2 CARDINAL and in the case of a facility is designed and reasonably to produce qualified clean which is described in a (d) of such section, 30 denial CARDINAL of production credit shall be allowed under section 45x LAW any taxable year DATE with respect to any clean hydrogen production facility. specified clean hydrogen purposes of this the term clean hydrogen means any qualified clean production facility (as defined in section or any portion of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01828 fmt 6652 sfmt 6201 which is placed in service after 31, 2021 DATE , and with respect to no credit has been allowed section 45x or 45q DATE , and the taxpayer makes an election to have this apply. qualified clean of this paragraph, the term has the meaning given such by section 45x(d)(2 LAW ). secretary, after with the secretary of energy and administrator of the environmental agency, shall issue such regulations or guidance as the secretary determines or appropriate to carry out the purposes this section, including regulations or other requires verification by one CARDINAL or unrelated third ORDINAL parties that the produces hydrogen which is consistent the hydrogen that such facility was 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01829 fmt 6652 sfmt 6201 and expected to produce under (a)(ii), and recaptures so much of any credit under this section as exceeds the of the credit which would have allowed if the expected production consistent with the actual verified (or all of the credit so allowed the absence of such effective amendments made this section shall apply to periods after december 2021 DATE , under rules similar to the rules of section of the internal revenue code of 1986 DATE (as in on the day DATE before the date of the enactment the revenue reconciliation act of 1990 DATE ). termination of excise tax credit for 6426(d)(2) by striking subparagraph (d) and by subparagraphs (e), (f), and (g) as (d), (e), and (f), respectively. is amended by striking and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01830 fmt 6652 sfmt 6201 CARDINAL effective amendments made this subsection shall apply to fuel sold or used december 31, 2021 DATE . energy and efficiency for individuals 136301 DATE . extension, increase, and modifications nonbusiness energy property extension of 25c(g)(2) is by striking 31 CARDINAL , and inserting 31 CARDINAL , increase in credit percentage for energy efficiency is amended by striking and application of annual DATE limitation in lieu lifetime 25c(b) is amended read as follows: in credit allowed under section with respect to any taxpayer for any year shall not exceed $ 1,200 MONEY . credit allowed under this by reason of subsection (a)(1) with respect to taxpayer for any taxable year DATE shall not 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01831 fmt 6652 sfmt 6201 in the aggregate with respect to all windows and skylights which are not in subparagraph (b), $ 200 MONEY , in the aggregate with respect to all windows and skylights which meet the for the most efficient certification applicable energy star program the excess (if any) of $ 600 MONEY over the so allowed with respect to all windows skylights taken into account under (a). credit allowed under this by reason of subsection (a)(1) with respect to taxpayer for any taxable year DATE shall not $ 250 MONEY in the case of any exterior door, exterior $ 500 MONEY in the aggregate with respect to modifications related to qualified efficiency energy efficient is amended by striking and all follows through the period at the end and the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01832 fmt 6652 sfmt 6201 in the case of an exterior window, a or an exterior door, applicable energy program requirements, and in the case of any other component, prescriptive criteria for such component by the most recent international conservation code standard in effect as of beginning of the calendar year which is 2 CARDINAL prior to the calendar year DATE in which such is placed in roofs not treated as building 25c(c)(3 CARDINAL ) is amended adding at the end of subparagraph (b), by at the end of subparagraph (c) and a period, and by striking subparagraph air barrier insulation added to of building envelope 25c(c)(3)(a) is amended by striking and inserting or system, air sealing material or modification of residential energy 25c(d CARDINAL ) is amended to as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01833 fmt 6652 CARDINAL sfmt 6201 residential energy property purposes of this in term property means expenditures by the taxpayer for qualified energy property installed on or in connection with a unit located in the united states GPE and as a residence by the taxpayer, and originally placed in service by the term includes expenditures for labor costs allocable to the onsite preparation, or original installation of the property. qualified energy energy means any of the which meet or exceed the highest efficiency (not including any advanced tier) established by consortium for energy efficiency which is in as of the beginning of the calendar year in the property is placed in service: an electric heat pump water heater. an electric heat pump. a central air conditioner. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01834 fmt 6652 CARDINAL sfmt 6201 a natural gas, propane, or oil water a natural gas, propane, or oil furnace hot water home energy in 25c(a) is amended striking at the end of paragraph ( 1 CARDINAL ), by the period at the end of paragraph ( 2 CARDINAL ) and and by adding at the end the new paragraph: 30 percent PERCENT of the amount paid or incurred the taxpayer during the taxable year DATE for home 25c(b), as amended subsection (c), is amended adding at the end the new paragraph: home energy dollar ORG amount the credit allowed under this section by of subsection (a)(3) shall not exceed $ 150 MONEY . substantiation credit shall be allowed under this section by of subsection (a)(3) unless the taxpayer with the return of tax such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01835 fmt 6652 CARDINAL sfmt 6201 DATE or documentation as the secretary home energy in 25c DATE , as by subsections (a), is amended by subsections (e), (f), and (g), as (f), (g), and (h), respectively, and by after subsection (d) the following new home energy purposes of this the term energy means an inspection written report with respect to a dwelling unit located the united states GPE and owned or used by the taxpayer the principal residence (within the meaning section 121 LAW ) identifies the most significant and energy efficiency improvements with respect such dwelling unit, including an estimate of the and cost savings with respect to each such and is conducted and prepared by a home auditor that meets the certification or other specified by the secretary (after with the secretary of energy and the of the environmental protection agency 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01836 fmt 6652 CARDINAL sfmt 6201 not later than 180 days DATE after the date of the of this subsection) in regulations or other conforming is amended by striking and inserting lack of substantiation treated as is subparagraph (p), by striking at the end, in subparagraph (q), by striking the at the end and inserting and by adding at the end the following: an omission of correct information or (relating to home energy audits) be included on a identification number in 25c DATE , as amended by (a) and (f), is amended by redesignating (h) as subsection (i) and by inserting subsection (g) the following new subsection: product identification number 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01837 fmt 6652 sfmt 6201 in credit shall be allowed subsection (a) with respect to any item of property placed in service after december 2023 DATE , and such item is produced by a qualified the taxpayer includes the qualified identification number of such item on return of tax for the taxable year DATE . qualified product identification purposes of this section, the term product identification means, with to any item of specified property, the identification number assigned to such item by qualified manufacturer pursuant to the referred to in paragraph ( 3 CARDINAL ). qualified in purposes of this any manufacturer of specified property enters into an agreement with the which provides that such manufacturer assign a product identification to each item of specified property 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01838 fmt 6652 CARDINAL sfmt 6201 by such manufacturer utilizing a that will ensure that such (including any alphanumeric) is to each such item (by utilizing or letters which are unique to manufacturer or by such other as the secretary may provide), label such item with such in such manner as the secretary may and make periodic written reports to secretary (at such times and in such as the secretary may provide) of product identification numbers so and including such information as secretary may require with respect to item of specified property to which number was so assigned. consultation with doe and secretary, after consultation with secretary of energy and the administrator the environmental protection agency, shall procedures for manufacturers and to meet the requirements for product numbers under subparagraph (a). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01839 fmt 6652 CARDINAL sfmt 6201 specified purposes of subsection, the term means qualified energy property and any property in subparagraph (b) or (c) of subsection omission of correct product number treated as mathematical or 6213(g)(2 CARDINAL ), as amended the preceding provisions of this act, is subparagraph (q), by striking at the end, in subparagraph (r), by striking the at the end and inserting and by adding at the end the following: an omission of a correct product number required under section 25c(h LAW ) to credit for nonbusiness energy to be included on a effective in as otherwise by this subsection, the amendments made by section shall apply to property placed in service december 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01840 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL home energy amendments by subsection (f) shall apply to amounts paid incurred after december 31, 2021 DATE . identification number amendments made subsection (g) shall apply to placed in service after december 31, 2023. DATE 136302. residential energy efficient property. extension of in 25d(h GPE ) is amended striking 31 CARDINAL , and inserting 31 CARDINAL , is application by striking january 1 DATE , paragraph ( 2 CARDINAL ) and inserting january DATE (2), by striking at the end of by redesignating paragraph ( 3 CARDINAL ) as (5) and by inserting after paragraph the following new paragraphs: in the case of property placed in service december 31, 2021 DATE , and before january 1, 30 percent PERCENT , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01841 fmt 6652 CARDINAL sfmt 6201 in the case of property placed in service december 31, 2031 DATE , and before january 1, 26 percent PERCENT , and by striking 31 CARDINAL , 2022, and january 1 DATE , in paragraph ( 5 CARDINAL ) (as redesignated) and inserting 31 CARDINAL , and before january 1 DATE , residential energy efficient property for battery storage in 25d(a GPE ) is amended striking at the end of paragraph ( 5 CARDINAL ) and inserting after paragraph ( 6 CARDINAL ) the following new the qualified battery storage technology qualified battery storage 25d(d CARDINAL ) is by adding at the end the following new qualified battery storage term storage technology means an for battery storage technology 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01842 fmt 6652 CARDINAL sfmt 6201 DATE is installed in connection with a unit located in the united states GPE and as a residence by the taxpayer, and has a capacity of not less than 3 CARDINAL effective amendments made by section shall apply to expenditures made after 31, 2021. DATE 136303 DATE . energy efficient commercial buildings placed in service is amended by striking date that is 2 CARDINAL before the date that construction of such property and inserting date that is 2 years DATE before the such property is placed into temporary increase in deduction, 179d is amended by adding at the end the temporary period of provisions this subsection shall apply only to taxable years DATE after december 31, 2021, and before 1, 2032 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01843 fmt 6652 CARDINAL sfmt 6201 modification of efficiency (c)(1)(d) shall be applied by for maximum amount of in deduction under (a) with respect to any building for taxable year DATE shall not exceed the excess (if the product the applicable dollar value, over the square footage of the the aggregate amount of the under subsection (a) and ( 6 CARDINAL ) with respect to the building for 3 CARDINAL taxable years DATE immediately preceding taxable year DATE (or, in the case of any deduction allowable to a person other the taxpayer, for any taxable year DATE during the 4 CARDINAL -taxable-year period with such taxable year DATE ). applicable dollar of paragraph ( 3)(a)(i DATE ), the applicable value shall be an amount equal to $ 2.50 MONEY 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01844 fmt 6652 CARDINAL sfmt 6201 (but not above $ 5.00 MONEY ) by $ 0.10 MONEY for percentage point by which the total annual and power costs for the building are to be reduced by a percentage greater 25 percent PERCENT . application of inflation (g) shall be by substituting for for (b) or subsection and by limitation to apply in lieu of limitation and partial (b) and (d)(1) shall not base credit amount and increased amount for certain in the case of any which does not satisfy the of subparagraph (b), paragraph (3)(b) be applied by substituting for for and for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01845 fmt 6652 CARDINAL sfmt 6201 increased credit for certain meets the requirements of this if it is one of the following: a project which commences prior to the date of the of this paragraph. a project which commences after the date of of this paragraph and satisfies requirements of paragraphs ( 5 CARDINAL ) ( 6 CARDINAL ). a project with respect to initial construction is completed building modifications are made part of a qualified retrofit plan, which satisfies paragraphs ( 5 CARDINAL ) ( 6 CARDINAL ). prevailing wage in requirements in this subparagraph with respect to project are that the taxpayer shall ensure any laborers and mechanics employed by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01846 fmt 6652 sfmt 6201 and subcontractors in the of any property or with respect to building made as part of a qualified plan shall be paid wages at rates not less the prevailing rates for construction, or repair of a similar character in the as most recently determined by the of labor, in accordance with subchapter of chapter 31 LAW of title 40 CARDINAL , united states correction and penalty ORG related failure to satisfy wage the case of any taxpayer which to satisfy the requirement under (a) with respect to any project or any modifications made as part of a retrofit plan, rules similar to the rules of 45(b)(8)(b) shall apply for purposes of paragraph. apprenticeship described in this subparagraph with to any property are as follows: labor percentage of total labor contractors and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01847 fmt 6652 CARDINAL sfmt 6201 engaged in the performance of of a project or building made as part of a qualified retrofit shall, subject to subparagraph (b), that not less than the applicable of the total labor hours of such be performed by qualified applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01848 fmt 6652 sfmt 6201 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01849 fmt 6652 CARDINAL sfmt 6201 good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01850 fmt 6652 CARDINAL sfmt 6201 CARDINAL allocation of deduction by certain in specified entity shall be treated in the same manner a federal, state, or local government for of applying subsection (d)(4). specified tax-exempt purposes of this paragraph, the term tax-exempt the united states GPE , any state or subdivision thereof, any possession the united states GPE , or any agency or of any of the foregoing, any indian NORP tribal government the meaning of section 139e LAW ), and any organization exempt from imposed by this chapter. alternative deduction for energy retrofit building in the case of a which elects (at such time and in such as the secretary, after consultation the administrator of the environmental agency, may provide) the application this paragraph with respect to any qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01851 fmt 6652 CARDINAL sfmt 6201 there shall be allowed as a deduction the taxable year which includes the date of qualifying final certification with respect to qualified retrofit plan of such building, an equal to the lesser the excess described in paragraph (determined by substituting for annual DATE energy power subparagraph (b) or the aggregate adjusted basis after taking into account all with respect to such taxable year DATE than the reduction under subsection of energy efficient retrofit building placed in service by the taxpayer to such qualified retrofit plan. qualified retrofit of this paragraph, the term means a written plan prepared by qualified professional which specifies to a building which, in the aggregate, expected to reduce such energy intensity by 25 percent PERCENT or more in to the baseline energy usage intensity of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01852 fmt 6652 CARDINAL sfmt 6201 building. such plan shall provide for a professional as of any date during the 1-year DATE ending on the date of the first ORDINAL described in clause (ii), certify energy usage intensity of such building of such date, certify the status of property pursuant to such plan as meeting requirements of clauses (ii) and (iii) (c), and as of any date that is more than year DATE after completion of the plan, certify energy usage intensity of such building of such date. purposes of this the term efficient retrofit means with respect to which depreciation amortization in lieu of depreciation) is building, which is installed on or in any which is installed as part 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01853 fmt 6652 sfmt 6201 the interior lighting systems, the heating, cooling, and hot water systems, or the building envelope, and which is certified in accordance subparagraph (b)(ii) as meeting the of clauses (ii) and (iii). qualified of this paragraph, the term means any building is located in the united states GPE , was originally placed in service less than 5 years DATE before the of the qualified retrofit plan with to such building. purposes of this paragraph, the final means, with to any qualified retrofit plan, the described in subparagraph (b)(iii) if the usage intensity certified in such is not more than 75 percent PERCENT of the energy usage intensity of the building. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01854 fmt 6652 sfmt 6201 baseline energy usage in term usage means the energy intensity certified under (b)(i), as adjusted to take into weather as compared to the energy intensity determined under (b)(iii)(i). determination of purposes of clause (i), the described in such clause shall be in such manner as the after consultation with the of the environmental protection may provide. other purposes energy usage usage means the energy usage intensity determined in with such regulations or other as the secretary, after with the administrator of the this 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01855 DATE fmt 6652 sfmt 6201 CARDINAL protection agency, may provide measured in british NORP thermal units. qualified term means an who is a licensed architect or a engineer and meets such other as the secretary may provide. coordination with deduction allowed under subsection in the case of any with respect to which an election made under subparagraph (a), the term efficient commercial building shall not include any energy efficient building property with respect to a deduction is allowable under this certain rules not in as in subclause (ii), subsection shall not apply for purposes of paragraph. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01856 fmt 6652 sfmt 6201 CARDINAL allocation of by certain tax-exempt similar to subsection (determined after application of (5)) shall apply for of this effective in as otherwise in this subsection, the amendment made by section shall apply to taxable years DATE beginning december 31, 2021 DATE . alternative deduction for energy retrofit building ( 6 CARDINAL ) of section 179d(i) of the internal revenue of 1986 DATE (as added by this section), and any provision of such section solely for purposes of such paragraph, shall apply to property in service after december 31, 2021 DATE (in years ending after such date DATE ) if such property placed in service pursuant to qualified retrofit (within the meaning of such section) after such date. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01857 fmt 6652 sfmt 6201 136304 DATE . extension, increase, and modifications new energy efficient home credit. extension of 45l(g CARDINAL ) is by striking 31 CARDINAL , and inserting 31 CARDINAL , in credit is amended to read as follows: applicable purposes of ( 1 CARDINAL ), the applicable amount is an amount in the case of a dwelling unit which eligible to participate in the energy star new construction program or the star manufactured new homes that is described in subsection (and not described in subsection $ 2,500 MONEY , and that is described in subsection $ 5000 MONEY , and in the case of a dwelling which are of a building eligible to participate in the star multifamily new construction 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01858 fmt 6652 CARDINAL sfmt 6201 that is described in subsection (and not described in subsection $ 500 MONEY , and that is described in subsection modification of energy saving 45l(c CARDINAL ) is amended to read as follows: energy saving in dwelling unit meets the saving requirements of this subsection such dwelling unit meets the of paragraph ( 2 CARDINAL ) or ( 3 CARDINAL ) (whichever is or such dwelling unit is certified as a energy ready home under the zero CARDINAL energy home program of the department of (or any successor program determined by secretary, after consultation with the of energy) as in effect on january 1 DATE , single-family home dwelling unit meets the requirements of this such dwelling unit 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01859 fmt 6652 CARDINAL sfmt 6201 in the case of a dwelling unit before january 1, 2025 DATE , the energy single-family new homes national requirements 3.1 CARDINAL , and in the case of a dwelling unit after december 31, 2024 DATE , the star single-family new homes program requirements 3.2 CARDINAL , such dwelling unit meets the most energy star single-family new homes requirements applicable to the of such dwelling unit (as in effect on the of january 1, 2022 or january 1 of two years prior to the date the dwelling acquired), or such dwelling unit meets the most energy star manufactured home national requirements as in effect on the latter january 1, 2022 or january 1 of two years prior to the date such dwelling unit acquired. multi-family home unit meets the requirements of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01860 fmt 6652 CARDINAL sfmt 6201 CARDINAL such dwelling unit meets the most energy star multifamily new construction program requirements (as in effect either january 1, 2022 or january 1 of calendar years prior to the date the was acquired, whichever is later), and such dwelling unit meets the most energy star multifamily new construction program requirements applicable to location of such dwelling unit (as in effect either january 1, 2022 or january 1 of calendar years prior to the date the was acquired, whichever is prevailing wage is amended by redesignating subsection (g) as (h) and by inserting after subsection (f) the new subsection: prevailing wage in the case of a qualifying described in subsection (b)(2)(b) meeting prevailing wage requirements of paragraph ( 2 CARDINAL ), credit amount allowed with respect to such shall $ 2,500 MONEY in the case of a residence subparagraph (a) of subsection 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01861 fmt 6652 CARDINAL sfmt 6201 (and not described in subparagraph (b) such subsection), and $ 5,000 MONEY in the case of a residence in (c)(1)(b). prevailing wage in requirements in this paragraph with respect to any residence are that the taxpayer shall that any laborers and mechanics by contractors and subcontractors in the of such residence shall be paid at rates not less than the prevailing rates construction, alteration, or repair of a character in the locality as most recently by the secretary of labor, in with subchapter iv of chapter 31 LAW of title united states code. correction and penalty related failure to satisfy wage the case of any taxpayer which to satisfy the requirement under (a) with respect to any qualified rules similar to the rules of section shall apply for purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01862 fmt 6652 CARDINAL sfmt 6201 regulations and shall issue such regulations or other guidance the secretary determines necessary or appropriate carry out the purposes of this effective amendments made by section shall apply to dwelling units acquired after 31, 2021. DATE 136305 DATE . modifications to income exclusion for subsidies. in 136(a) is by striking subsidy and a comma, and by striking the period at the end and by adding at the end the following new provided (directly or indirectly) by a public to a customer, or by a state or local to a resident of such state or locality, for the or installation of any water conservation or measure, provided (directly or indirectly) by a storm management provider to a customer, or by a or local government to a resident of such state 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01863 fmt 6652 sfmt 6201 CARDINAL locality, for the purchase or installation of any water management measure, or provided (directly or indirectly) by a state local government to a resident of such state or for the purchase or installation of any management measure, but only if such is with respect to the principal conforming definition of water conservation or measure and storm water 136(c) is by striking conservation in the heading thereof and inserting by striking in the of paragraph ( 1 CARDINAL ) and inserting conservation and by redesignating paragraph ( 2 CARDINAL ) as (5) and by inserting after paragraph the following: water conservation or efficiency purposes of this section, the term conservation or efficiency means any of water use, or any installation or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01864 fmt 6652 CARDINAL sfmt 6201 CARDINAL of property, the primary purpose of which is reduce consumption of water or to improve the of water demand with respect to one CARDINAL or dwelling units. storm water management purposes of this section, the term water means any installation or of property primarily designed to or manage amounts of storm water with to one CARDINAL or more dwelling units. wastewater management purposes of this section, the term means any installation or of property primarily designed to wastewater (including septic tanks and with respect to one CARDINAL or more dwelling definition of public (as redesignated by paragraph ( 1)(c CARDINAL )) is by striking subparagraph (b) and inserting following: public term means a person engaged in the sale of natural gas, or water to residential, or industrial customers for use by customers. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01865 fmt 6652 sfmt 6201 storm water management term water management means a person engaged in the of storm water management measures to public. purposes of (b) and (c), the term includes federal government, a state or local or any political subdivision thereof, or instrumentality of any of the clerical the heading for section 136 LAW is by inserting after and by striking by the item relating to section 136 LAW in the of sections of part iii of subchapter b of 1 CARDINAL is by inserting after and by striking by public 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01866 fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to amounts received after 31, 2018 DATE . no in this act or the made by this act shall be construed to create inference with respect to the proper tax treatment of subsidy received directly or indirectly from a public a storm water management provider, or a state local government for any water conservation measure storm water management measure before january 1 DATE , the fleet and vehicles 136401 DATE . refundable new qualified plug-in drive motor vehicle credit for in c of part iv of a of chapter 1 LAW is amended by inserting after 36b DATE the following new section: 36c DATE . new qualified plug-in electric drive vehicles. allowance of the case of an there shall be allowed as a credit against the tax by this subtitle for the taxable year an amount to the sum of the credit amounts determined under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01867 fmt 6652 CARDINAL sfmt 6201 (b) with respect to each new qualified plug-in drive motor vehicle placed in service by the during the taxable year. per vehicle dollar in amount determined this subsection with respect to any new plug-in electric drive motor vehicle is the sum the amounts determined under paragraphs ( 2 CARDINAL ) ( 5 CARDINAL ) with respect to such vehicle (not to 50 percent PERCENT of the purchase price of such base amount determined this paragraph is $ 4,000 MONEY . battery the case of a new plug-in electric drive motor vehicle, the determined under this paragraph is $ 3,500 MONEY in the case of a vehicle placed in before january 1, 2027 DATE , such vehicle draws energy from a battery with not less 40 kilowatt hours of capacity, and in the case of a vehicle placed in after december 31, 2026 DATE , such vehicle propulsion energy from a battery with less than 50 kilowatt hours QUANTITY of capacity. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01868 fmt 6652 sfmt 6201 CARDINAL domestic the case of a qualified plug-in vehicle which satisfies the assembly qualifications, the amount under this paragraph is $ 4,500 MONEY . domestic the case of a qualified plug-in vehicle which satisfies domestic qualifications, the amount determined under paragraph is $ 500 MONEY . limitation based on modified adjusted in amount of the credit under subsection (a) shall be reduced (but below zero) by $ 200 MONEY for each $ 1,000 MONEY (or fraction by which the modified adjusted income exceeds the threshold amount. for of the preceding sentence, the term adjusted gross means adjusted gross increased by any amount excluded from gross under section 911 LAW , 931 CARDINAL , or 933 CARDINAL . special rule for determination of adjusted gross modified gross income of the taxpayer that is taken account for purposes of paragraph ( 1 CARDINAL ) shall be lesser 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01869 fmt 6652 CARDINAL sfmt 6201 the modified adjusted gross income the taxable year in which the credit is or the modified adjusted gross income the immediately preceding taxable year DATE . threshold purposes of ( 1 CARDINAL ), the term $ 800,000 MONEY in the case of a joint return surviving spouse ( half CARDINAL such amount for filing separately), $ 600,000 MONEY in the case of a head of and $ 400,000 MONEY in any other case. suggested retail price in credit shall be allowed subsection (a) for a vehicle with a suggested retail price in excess of the limitation. applicable purposes paragraph ( 1 CARDINAL ), the applicable limitation for each classification is as follows: the case of a sedan, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01870 fmt 6652 sfmt 6201 DATE case of a van, sport utility the of a sport utility vehicle, $ 69,000 MONEY . pickup the case of a truck, $ 74,000 MONEY . purposes of this the secretary shall prescribe regulations for vehicle classifications using criteria to that employed by the environmental agency and the department of energy ORG to size and class of vehicles. new qualified plug-in electric drive purposes of this in term qualified electric drive motor means a motor the original use of which commences the taxpayer, which is acquired for use by the and not for resale, which is made by a qualified which is treated as a motor vehicle purposes of title ii of the clean air act LAW , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01871 fmt 6652 sfmt 6201 which has a gross vehicle weight of less than 14,000 pounds MONEY , which is propelled to a significant by an electric motor which draws electricity a battery has a capacity in the case of a vehicle in service in 2022 DATE or 2023 DATE , not than 7 kilowatt hours TIME , and in the case of a vehicle in service after 2023 DATE , not less 10 kilowatt hours TIME , and is capable of being recharged an external source of electricity, for which, in the case of a vehicle into service after december 31, 2026 DATE , assembly is within the united states GPE , and is not of a character subject to an for depreciation. motor term means any vehicle which is manufactured for use on public streets, roads, and highways including a vehicle operated exclusively on a rail rails) and which has at least 4 CARDINAL wheels. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01872 fmt 6652 sfmt 6201 qualified term means any manufacturer the meaning of the regulations prescribed by administrator of the environmental protection for purposes of the administration of title ii the clean air act LAW ( 42 u.s.c QUANTITY . 7521 CARDINAL et seq.) which into a written agreement with the secretary which such manufacturer to ensure that each vehicle by such manufacturer after the later of date DATE on which such agreement takes effect december 31, 2021 DATE , and that meets the of subparagraphs (d), (e), and (f) paragraph ( 1 CARDINAL ) and paragraph ( 6 CARDINAL ) of (e) is labeled with a unique vehicle number, and to make periodic written reports to secretary (at such times and in such as the secretary may provide) providing vehicle identification numbers and such information related to such vehicle as the may require. battery term with respect to any battery, the quantity of which the battery is capable of storing, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01873 fmt 6652 CARDINAL sfmt 6201 in kilowatt hours, as measured from a 100 CARDINAL state of charge to a 0 percent PERCENT state of special basis purposes of this the basis of any property for which a credit allowable under subsection (a) shall be reduced by amount of such credit so allowed. no double amount of deduction or other credit allowable under this for a vehicle for which a credit is allowable subsection (a) shall be reduced by the amount credit allowed under such subsection for such property used outside united states credit shall ORG be allowable under (a) with respect to any property referred in section 50(b)(1 LAW ). secretary shall, by provide for recapturing the benefit of any allowable under subsection (a) with respect to property which ceases to be property eligible for credit. election not to take shall be allowed under subsection (a) for any 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01874 fmt 6652 CARDINAL sfmt 6201 DATE if the taxpayer elects to not have this section to such vehicle. interaction with air quality and vehicle safety vehicle not be considered eligible for a credit under section unless such vehicle is in compliance the applicable provisions of the clean act for the applicable make and model year DATE the vehicle (or applicable air quality of state law in the case of a state which adopted such provision under a waiver section 209(b) of the clean air act LAW ), and the motor vehicle safety provisions of 30101 CARDINAL through 30169 CARDINAL of title 49 DATE , states code. credit allowed for 2 CARDINAL and 3 CARDINAL -wheeled electric in the case of a qualified or 3 CARDINAL -wheeled plug-in electric there shall be allowed as a credit the tax imposed by this subtitle for the year DATE an amount equal to the sum of the amount with respect to each such 2- or 3 CARDINAL -wheeled plug-in electric vehicle 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01875 fmt 6652 sfmt 6201 in service by the taxpayer during the year DATE , and the amount of the credit allowed subparagraph (a) shall be treated as a allowed under subsection (a). applicable purposes of ( 1 CARDINAL ), the applicable amount is an amount to the lesser 10 percent PERCENT of the cost of the qualified or 3 CARDINAL -wheeled plug-in electric vehicle, or $ 2,500 MONEY . qualified 2- or 3 CARDINAL -wheeled plug-in term 2- or 3- plug-in electric means any vehicle has 2 CARDINAL or 3 CARDINAL wheels, meets the requirements of (a), (b), (c), (e), (f), and (g) of (e)(1) (determined by substituting for kilowatt in (f)(i)(i) and by substituting for kilowatt in (f)(i)(ii)), is manufactured primarily for use on streets, roads, and highways, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01876 fmt 6652 sfmt 6201 is capable of achieving a speed of 45 per hour TIME or greater. vin number PERSON credit shall allowed under this section with respect to any vehicle the taxpayer includes the vehicle identification of such vehicle on the return of tax for the taxable treatment of certain payments to possessions with mirror tax secretary shall pay to possession of the united states GPE which has a code tax system amounts equal to the loss (if to that possession by reason of the application the provisions of this section (determined without to this subsection). such amounts shall be by the secretary based on information by the government of the respective payments to other shall pay to each possession of the united which does not have a mirror code tax system estimated by the secretary as being equal the aggregate benefits (if any) that would have provided to residents of such possession by of the provisions of this section if a mirror code 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01877 fmt 6652 sfmt 6201 DATE purposes of this system had been in effect in such possession. preceding sentence shall not apply unless the possession has a plan which has been by the secretary under which such possession promptly distribute such payments to its mirror code tax system; treatment similar to the rules of (4) and (5) of section 21(h LAW ) shall apply for of this section. assembly and content domestic assembly term assembly means, respect to any new qualified plug-in electric that the final assembly of such vehicle occurs a plant, factory, or other place which is operating a collective bargaining agreement negotiated an employee organization (as defined in section determined in a manner consistent with 7701(a)(46 DATE ). domestic content term content means, respect to any model of a new qualified plug- electric vehicle, that vehicles of that 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01878 CARDINAL fmt 6652 CARDINAL sfmt 6201 are assembled by a manufacturer utilizes not less than 50 percent PERCENT domestic in the component parts for final of such vehicles, and are powered by battery cells which manufactured in the united states GPE (with cells to be included for purposes of requirement described subparagraph as certified by the manufacturer, at such and in such form and manner, as the may prescribe. final term means the process by which a manufacturer a new qualified plug-in electric vehicle at, or the use of, a plant, factory, or other place which the vehicle is delivered to a dealer or with all component parts necessary for the operation of the vehicle included with the whether or not the component parts are installed in or on the vehicle. credit shall be allowed this section with respect to any vehicle acquired december 31 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01879 DATE fmt 6652 CARDINAL sfmt 6201 transfer of (f) of section is amended by adding at the end the following new in to such regulations other guidance as the secretary determines or appropriate, if, with respect to the credit under subsection (a) for any taxable year DATE , taxpayer elects the application of this for such taxable year DATE with respect to such the eligible entity specified in such election, not the taxpayer who has purchased or leased vehicle, shall be treated as the taxpayer for of this title with respect to such credit. eligible purposes of this the term means, with to the vehicle for which the credit is allowed subsection (a), the dealer which sold such to the taxpayer and subject to paragraph ( 10 CARDINAL ), registered the secretary for purposes of this at such time, and in such form and as the secretary may prescribe, prior to the election described in (7), disclosed to the taxpayer such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01880 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL price, the suggested the value of the credit allowed or incentive available for the purchase lease of such vehicle, all fees associated with the or lease of such vehicle, and the amount provided by the to such taxpayer as a condition of the described in paragraph ( 7 CARDINAL ), made payment to such taxpayer in cash or in the form of a partial or down payment for the purchase of vehicle) in an amount equal to the credit allowable to such taxpayer, and with respect to any incentive available for the purchase of a vehicle for a credit is allowed under this section, any incentive in the form of a rebate or provided by the dealer or ensured the availability or use of such shall not limit the ability of a to make an election described in (7), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01881 fmt 6652 CARDINAL sfmt 6201 CARDINAL such election shall not limit the or use of such incentive. election described in (7) shall be made by the taxpayer not later the date on which the vehicle for which the is allowed under subsection (a) is purchased. revocation of by the secretary that a dealer has to comply with the requirements described in (8), the secretary may revoke the (as described in subparagraph (a) of such of such dealer. tax treatment of to any payment described in paragraph such shall not be includible in the gross of the taxpayer, and with respect to the dealer, shall not deductible under this title. advance payment to registered in secretary shall a program to make advance payments any eligible entity in an amount equal to the amount of the credits allowed under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01882 fmt 6652 sfmt 6201 (a) with respect to any vehicles sold such entity for which an election described paragraph ( 1 CARDINAL ) has been made. excessive to the rules of section 6417(c)(8 LAW ) shall apply purposes of this subparagraph. purposes of this the term means a person licensed by state, the district of columbia, the of puerto rico GPE , any other territory or of the united states GPE , or an indian NORP tribe (as in section 4 LAW of the indian NORP self-determination education assistance act ( 25 u.s.c QUANTITY . 5304)) to in the sale of repeal of nonrefundable new qualified electric drive motor vehicle b of part iv of subchapter a of chapter 1 LAW is by striking section 30d LAW (and by striking the item to such section in the table of sections of such conforming section 1016(a)(37 CARDINAL ) is amended by striking 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01883 DATE fmt 6652 sfmt 6201 section 6211(b)(4)(a) is amended by after section 6213(g)(2 LAW ), as amended by the provisions of this act, is subparagraph (r), by striking at the end, in subparagraph (s), by striking the at the end and inserting and by adding at the end the following: an omission of a correct vehicle number required under section 36c(f LAW ) to credit for new qualified plug-in drive motor vehicles) to be included on a section 6501(m) is amended by striking and inserting section 166(b)(5)(a)(ii) of title 23 CARDINAL , united code, amended by striking and inserting section 1324(b)(2 LAW ) of title 31 CARDINAL , united code, is amended by inserting after the table of sections for subpart c of part of subchapter a of chapter 1 LAW is amended by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01884 fmt 6652 sfmt 6201 DATE after the item relating to section 36b the new item: 36c DATE . new qualified plug-in electric drive motor effective the amendments made by subsections (a), and (d) of this section shall apply to vehicles after december 31, 2021 DATE . the amendments made by subsection (b) apply to vehicles purchased or leased after 31, 2022 DATE . 136402 DATE . credit for previously-owned qualified electric drive motor vehicles. in c of part iv of a of chapter 1 LAW , as amended by the preceding of this act, is amended by inserting after section the following new section: 36d DATE . previously-owned qualified plug-in drive motor vehicles. allowance of the case of a buyer who during a taxable year places in service previously-owned qualified plug-in electric drive motor there shall be allowed as a credit against the tax by this subtitle for the taxable year an amount to the sum $ 1,250 MONEY , plus 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01885 DATE fmt 6652 CARDINAL sfmt 6201 in the case of a vehicle which draws energy from a battery which exceeds 4 hours TIME of capacity (determined at the time of the lesser $ 1,250 MONEY , and kilowatt hours TIME . the product of $ 208.50 MONEY and such sale credit allowed under (a) with respect to sale of a vehicle shall exceed 30 percent PERCENT of the sale price. adjusted gross amount would (but for this paragraph) be allowed as credit under subsection (a) shall be reduced (but below zero) by $ 200 MONEY for each $ 1,000 MONEY (or fraction by which the adjusted gross $ 150,000 MONEY in the case of a joint return a surviving spouse (as defined in section $ 112,500 MONEY in the case of a head of (as defined in section 2(b LAW )), and $ 75,000 MONEY in the case of a taxpayer not in paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ). purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01886 fmt 6652 sfmt 6201 previously-owned qualified plug-in drive motor term qualified plug-in electric drive motor means, with respect to a taxpayer, a motor the model year DATE of which is at least 2 CARDINAL than the calendar year DATE in which the acquires such vehicle, the original use of which commences a person other than the taxpayer, which is acquired by the taxpayer in qualified sale, registered by the taxpayer for in a state or possession of the united and which meets the requirements of (c), (d), (e), (f), and (g) of 36c(e)(1 CARDINAL ). qualified term means a sale of a motor by a seller who holds such vehicle in (within the meaning of section 471 LAW ) sale or lease, and for a sale price not to exceed 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01887 fmt 6652 sfmt 6201 which is the first ORDINAL transfer since the of the enactment of this section to a other than the person with whom the use of such vehicle commenced. qualified term means, with respect to a sale of a motor a who is an individual, who purchases such vehicle for use not for resale, with respect to whom no deduction is with respect to another taxpayer section 151 LAW , who has not been allowed a credit this section for any sale during the 3- period ending on the date of the sale of vehicle, and who possesses a certificate issued by seller that that the vehicle is a previously- qualified plug-in electric drive motor such vehicle, the vehicle identification number 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01888 fmt 6652 CARDINAL sfmt 6201 of sale, and the capacity of the battery at such other information as the may require. motor vehicle; terms and have the meaning such terms in paragraphs ( 2 CARDINAL ) and (4) of 36c(e CARDINAL ), respectively. vin number PERSON credit shall allowed under subsection (a) with respect to any vehicle the taxpayer includes the vehicle identification of such vehicle on the return of tax for the taxable application of certain of this section, rules similar to the rules of ( 1 CARDINAL ), ( 2 CARDINAL ), ( 4 CARDINAL ), ( 5 CARDINAL ), ( 6 CARDINAL ) and (7) of section 36c(f) apply for purposes of this section. certificate submission secretary may require that the issuer of the described in subsection (c)(3)(e) submit such to the secretary at the time and in the manner by the secretary. treatment of certain payments to possessions with mirror tax secretary shall pay to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01889 fmt 6652 sfmt 6201 possession of the united states GPE which has a code tax system amounts equal to the loss (if to that possession by reason of the application the provisions of this section. such amounts shall determined by the secretary based on information by the government of the respective payments to other shall pay to each possession of the united which does not have a mirror code tax system estimated by the secretary as being equal the aggregate benefits (if any) that would have provided to residents of such possession by of the provisions of this section if a mirror code system had been in effect in such possession. preceding sentence shall not apply unless the possession has a plan which has been by the secretary under which such possession promptly distribute such payments to its mirror code tax system; treatment similar to the rules of (4) and (5) of section 21(h LAW ) shall apply for of this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01890 fmt 6652 sfmt 6201 credit shall be allowed this section with respect to any vehicle acquired december 31 DATE , conforming section 6211(b)(4)(a), as amended by the provisions of this act, is amended by after section 6213(g)(2 LAW ), as amended by the provisions of this act, is subparagraph (s), by striking at the end, in subparagraph (t), by striking the at the end and inserting and by adding at the end the following: an omission of a correct vehicle number under (relating to credit for previously-owned plug-in electric drive motor vehicles) to included on a paragraph ( 2 CARDINAL ) of section 1324(b LAW ) of title united states GPE code, as amended by the provisions of this act, is amended by after clerical table of sections subpart c of part iv of subchapter a of chapter 1 LAW , 23 DATE , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01891 fmt 6652 sfmt 6201 amended by the preceding provisions of this act, is by inserting after the item relating to section the following new item: 36d DATE . previously-owned qualified plug-in electric drive motor effective amendments made by section shall apply to vehicles acquired after 31, 2021. DATE 136403 DATE . qualified commercial electric in d of part iv of a of chapter 1 LAW is amended by adding at the end following new section: 45y DATE . credit for qualified commercial vehicles. in purposes of section 38 LAW , the commercial electric vehicle credit for any taxable is an amount equal to the sum of the credit amounts under subsection (b) with respect to each commercial electric vehicle placed in service by taxpayer during the taxable year. per vehicle amount under this subsection with respect to any qualified electric vehicle shall be equal to 30 percent PERCENT the basis of such vehicle. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01892 fmt 6652 CARDINAL sfmt 6201 qualified commercial electric purposes of this section, the term electric means any vehicle meets the requirements of subparagraphs and (c) of section 36c(e)(1 LAW ) without regard to gross vehicle weight rating, and is acquired for or lease by the taxpayer and not for resale, meets the requirements of (d) of section 36c(e)(1 LAW ), or is mobile machinery, as defined in 4053(8), is primarily propelled by an electric motor draws electricity from a battery has a capacity of not less than 30 hours TIME , is capable of being recharged from an source of electricity, is not powered or charged by an combustion engine, or is a new qualified fuel cell motor described in subparagraphs (a) and (b) of 30b(b)(3), and is of a character subject to the allowance depreciation. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01893 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL special in similar to the rules subsection (f) of section 36c LAW shall apply for of this section. property used by tax-exempt the case of a vehicle the use of which is in paragraph ( 3 CARDINAL ) or ( 4 CARDINAL ) of section 50(b LAW ) and is not subject to a lease, the person who sold vehicle to the person or entity using such shall be treated as the taxpayer that placed such in service, but only if such person clearly to such person or entity in a document the of any credit allowable under subsection (a) respect to such vehicle. vin number PERSON credit shall determined under subsection (a) with respect to any unless the taxpayer includes the vehicle number of such vehicle on the return of tax for the year DATE . credit shall be determined this section with respect to any vehicle acquired december 31 DATE , conforming section 38(b CARDINAL ) is amended by striking ( 30 CARDINAL ) and inserting the following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01894 fmt 6652 sfmt 6201 CARDINAL the qualified commercial electric vehicle determined under section section 6213(g)(2), as amended by the provisions of this act, is subparagraph (t), by striking at the end, in subparagraph (u), by striking the at the end and inserting and by adding at the end the following: an omission of a correct vehicle number required under section 45y(e LAW ) to commercial electric vehicle credit) be included on a the table of sections for subpart d of part of subchapter a of chapter 1 LAW is amended by at the end the following new item: 45y DATE . qualified commercial electric vehicle effective amendments made by section shall apply to vehicles acquired after 31, 2021. DATE 136404 DATE . qualified fuel cell motor vehicles. in 30b(k)(1 CARDINAL ) is amended by 31 DATE , and inserting new qualified fuel cell motor 30b(b CARDINAL ) is amended by striking at 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01895 fmt 6652 sfmt 6201 end of subparagraph (d), by striking the period at end of subparagraph (e) and inserting and adding at the end the following new subparagraph: which is not property of a character to an allowance for effective amendments made by section shall apply to property placed in service after 31, 2021. DATE 136405 DATE . alternative fuel refueling property in 30c(g) is amended by 31 DATE , and inserting additional credit for certain electric in 30c(a GPE ) is by striking to 30 CARDINAL and the following: to the sum 30 and by striking the period at the end and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01896 fmt 6652 CARDINAL sfmt 6201 20 percent PERCENT of so much of such cost as the limitation under subsection (b)(1) that not exceed the amount of cost attributable to alternative vehicle refueling property without regard to subsection (c)(1) and as only electricity, and fuel at least 85 percent PERCENT of the of which consists of hydrogen, were treated clean-burning fuels for purposes of section is intended for general public use no associated fee or payment arrangement, is intended for general public use and payment via a credit card reader, a credit card uses technology, or is intended for use exclusively by of commercial or governmental is by striking credit allowed under and inserting amount of account under subsection and by striking and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01897 fmt 6652 CARDINAL sfmt 6201 by striking and inserting bidirectional charging equipment as qualified alternative fuel refueling 30c(c CARDINAL ) by striking purposes of this the and inserting purposes of in and by adding at the end the following new bidirectional charging shall not fail to be treated as qualified vehicle refueling property solely because is capable of charging the battery of motor vehicle propelled by electricity, and allows discharging electricity from battery to an electric load external to such certain electric charging stations as qualified alternative fuel vehicle 30c is amended by subsections (f) and (g) as subsections (g) and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01898 fmt 6652 CARDINAL sfmt 6201 respectively, and by inserting after subsection (e) the special rule for electric charging for certain vehicles with 2 CARDINAL or 3 CARDINAL purposes of this in term fuel vehicle refueling includes any described in subsection (c) for the of a motor vehicle described in paragraph that is propelled by electricity, but only if the and meets the requirements of subsection is of a character subject to motor motor vehicle is in this paragraph if the motor is manufactured primarily for use on streets, roads, or highways (not including vehicle operated exclusively on a rail or rails), has at least 2 CARDINAL , but not more than 3 CARDINAL , wage and apprenticeship 30c DATE , as amended by this section, is further 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01899 fmt 6652 CARDINAL sfmt 6201 by redesignating subsections (g) and (h) as (h) and (i) and by inserting after subsection (f) following new subsection: apprenticeship base credit amount and increased in the case of any alternative fuel vehicle refueling which does not satisfy the requirements of (b), the amount of the credit under subsection (a) shall be 20 CARDINAL of such amount (determined without to this sentence). increased credit for certain alternative fuel vehicle property meeting project in the case of any alternative fuel vehicle refueling which meets the project of this subparagraph, subparagraph shall not apply. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01900 fmt 6652 CARDINAL sfmt 6201 CARDINAL project meets the requirements of this if it is one of the following: a project which commences prior to the date of the of this paragraph. a project which satisfies requirements of paragraphs ( 2 CARDINAL ) ( 3 CARDINAL ). prevailing wage in requirements in this subparagraph with respect to qualified alternative fuel vehicle refueling are that the taxpayer shall ensure that laborers and mechanics employed by and subcontractors in the construction such property shall be paid wages at rates less than the prevailing rates for alteration, or repair of a similar character the locality as most recently determined by secretary of labor, in accordance with iv of chapter 31 LAW of title 40 CARDINAL , united code. correction and penalty related failure to satisfy wage 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01901 fmt 6652 CARDINAL sfmt 6201 the case of any taxpayer which to satisfy the requirement under (a) with respect to such qualified fuel vehicle refueling property, rules to the rules of section 45(b)(8)(b) shall for purposes of this paragraph. apprenticeship described in this subparagraph with to the construction of any qualified alternative vehicle refueling property are as follows: labor percentage of total labor contractors and engaged in the performance of on any project shall, subject to (b), ensure that not less the applicable percentage of the total hours TIME of such work be performed by apprentices. applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01902 fmt 6652 CARDINAL sfmt 6201 DATE before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01903 fmt 6652 sfmt 6201 in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01904 fmt 6652 CARDINAL sfmt 6201 of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the regulations and shall issue such regulations or other guidance the secretary determines necessary or appropriate carry out the purposes of this effective amendment made by section shall apply to property placed in service after 31, 2021. DATE 136406. reinstatement and expansion of fringe benefits for commuting. repeal of suspension of exclusion for bicycle commuting is amended by striking paragraph ( 8) CARDINAL . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01905 fmt 6652 CARDINAL sfmt 6201 CARDINAL expansion of bicycle commuting 132(f)(5)(f) is amended to read as definitions related to bicycle qualified bicycle commuting bicycle means, with respect to calendar any employer reimbursement the 15-month DATE period beginning the first day DATE of such calendar for reasonable expenses incurred the employee during such calendar for the purchase (including finance charges), lease, rental a bikeshare), improvement, or storage of qualified property, or the provision by the to the employee during such year DATE of the use (including a repair, or of qualified commuting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01906 fmt 6652 sfmt 6201 the employee regularly uses such commuting property for travel between residence, place of or a mass transit facility that the employee to their residence or of employment. qualified commuting term commuting any bicycle (other than a equipped with any motor), any electric bicycle which the requirements of section any 2- or 3 CARDINAL -wheel scooter than a scooter equipped with motor), and any 2- or 3 CARDINAL -wheel scooter by an electric motor if such does not provide assistance if speed of such scooter exceeds 20 per hour TIME (or if the speed of such is not capable of exceeding 20 per hour TIME ) and the weight of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01907 fmt 6652 CARDINAL sfmt 6201 scooter does not exceed 100 CARDINAL means a rental operation at qualified commuting property available to customers to pick up and off for point-to-point use within a geographic is amended to read as follows: 30 percent PERCENT of the dollar amount in under subparagraph (b) per month in the of any qualified bicycle commuting no constructive 132(f)(4 DATE ) amended by striking than a qualified bicycle is amended by striking inserting effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01908 fmt 6652 CARDINAL sfmt 6201 136407 DATE . credit for certain new electric in c of part iv of a of chapter 1 LAW , as amended by the preceding of this act, is amended by inserting after section the following new section: 36e CARDINAL . electric bicycles. allowance of shall be as a credit against the tax imposed by this chapter the taxable year an amount equal to 15 percent PERCENT of the of each qualified electric bicycle placed in service by taxpayer during such taxable year DATE . limitation on cost per electric taken into amount taken account under subsection (a) as the cost of any electric bicycle shall not exceed $ 5,000 MONEY . bicycle limitation with respect to limitation on number of the case of any for any taxable year, the number of bicycles taken into account under (a) shall not exceed the excess (if any) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01909 fmt 6652 sfmt 6201 by 1 CARDINAL ( 2 CARDINAL in the case of a joint return), the aggregate number of bicycles into account by the taxpayer under (a) for the 2 CARDINAL preceding taxable phaseout based on modified gross much of the credit under subsection (a) to any taxpayer any taxable year DATE as would (but for this be treated under subsection (c)(2) a credit allowable under subpart c shall be by $ 200 MONEY for each $ 1,000 MONEY (or fraction by which the modified gross income $ 150,000 MONEY in the case of a joint or a surviving spouse (as defined in 2(a CARDINAL )), $ 112,500 MONEY in the case of a head household (as defined in section 2(b LAW )), $ 75,000 MONEY in the case of a not described in clause (i) or (ii). modified adjusted gross purposes of subparagraph (b), the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01910 fmt 6652 CARDINAL sfmt 6201 adjusted gross means gross income increased by any amount from gross income under section 911 LAW , or 933 CARDINAL . special rule for determination modified adjusted gross adjusted gross income of the taxpayer is taken into account for purposes of this shall be the lesser the modified adjusted gross for the taxable year in which the is claimed, or the modified adjusted gross for the immediately preceding taxable qualified electric purposes this section, the term electric means the original use of which commences with taxpayer, not for resale, which is acquired for use by the taxpayer which is made by a qualified manufacturer is labeled with the qualified vehicle identification 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01911 fmt 6652 CARDINAL sfmt 6201 assigned to such bicycle by such and with respect to which the aggregate paid for such acquisition does not exceed which is equipped fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 CARDINAL which is designed to provided assistance propelling the bicycle does not provide such assistance the bicycle is moving in excess of 20 per hour TIME , or if such motor only provides such when the rider is pedaling, does provide such assistance if the bicycle is in excess of 28 miles QUANTITY per hour. vin number PERSON in credit shall be allowed subsection (a) with respect to any qualified bicycle unless the taxpayer includes the vehicle identification number of such on the return of tax for the taxable year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01912 fmt 6652 CARDINAL sfmt 6201 qualified vehicle identification purposes of this section, the term vehicle identification means, with to any bicycle, the vehicle identification assigned to such bicycle by a qualified pursuant to the methodology referred to in ( 3 CARDINAL ). qualified of this section, the term means any manufacturer of qualified electric which enters into an agreement with the which provides that such manufacturer assign a vehicle identification number each qualified electric bicycle produced by manufacturer utilizing a methodology that ensure that such number (including any is unique to such bicycle (by numbers or letters which are unique to manufacturer or by such other method as secretary may provide), label such bicycle with such number such manner as the secretary may provide, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01913 fmt 6652 sfmt 6201 make periodic written reports to the (at such times and in such manner as secretary may provide) of the vehicle numbers so assigned and including information as the secretary may require respect to the qualified electric bicycle to such number was so assigned. special basis purposes of this the basis of any property for which a credit allowable under subsection (a) shall be reduced by amount of such credit so allowed (determined regard to subsection (c)). no double amount of deduction or other credit allowable under this for a qualified electric bicycle for which a is allowable under subsection (a) shall be by the amount of credit allowed under such for such vehicle (determined without to subsection (c)). property used outside united states credit shall ORG be allowable under (a) with respect to any property referred in section 50(b)(1 LAW ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01914 fmt 6652 CARDINAL sfmt 6201 DATE secretary shall, by provide for recapturing the benefit of any allowable under subsection (a) with respect to property which ceases to be property eligible for credit. election not to take shall be allowed under subsection (a) for any if the taxpayer elects to not have this section to such bicycle. treatment of certain payments to possessions with mirror tax secretary shall pay to possession of the united states GPE which has a code tax system amounts equal to the loss (if to that possession by reason of the application the provisions of this section (determined without to this subsection). such amounts shall be by the secretary based on information by the government of the respective payments to other shall pay to each possession of the united which does not have a mirror code tax system estimated by the secretary as being equal the aggregate benefits (if any) that would have 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01915 fmt 6652 CARDINAL sfmt 6201 provided to residents of such possession by of the provisions of this section if a mirror code system had been in effect in such possession. preceding sentence shall not apply unless the possession has a plan which has been by the secretary under which such possession promptly distribute such payments to its mirror code tax system; treatment similar to the rules of (4) and (5) of section 21(h LAW ) shall apply for of this section. section shall not apply to placed in service after december 31 DATE , conforming section 38(b CARDINAL ) is amended by striking the end of paragraph ( 39 CARDINAL ), by striking the period the end of paragraph ( 40 CARDINAL ) and inserting by adding at the end the following new the portion of the electric bicycles credit which section 36e(c)(1) section 1016(a) is amended by striking at the end of paragraph ( 37 CARDINAL ), by striking the at the end of paragraph ( 38 CARDINAL ) and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01916 fmt 6652 CARDINAL sfmt 6201 and by adding at the end the following new extent provided section section 6211(b)(4)(a) of such code is by inserting by reason of subsection before section 6213(g)(2 LAW ), as amended by the provisions of this act, is subparagraph (u), by striking at the end, in subparagraph (v), by striking the at the end and inserting and by adding at the end the following: an omission of a correct vehicle number required under section 36e(e LAW ) to electric bicycles credit) to be on a section 6501(m) is amended by inserting after section 1324(b)(2 LAW ) of title 31 CARDINAL , united code, is amended by inserting after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01917 fmt 6652 sfmt 6201 clerical table of sections subpart b of part iv of subchapter a of chapter 1 LAW amended by adding at the end the following new item: 36e CARDINAL . electric effective amendments made by section shall apply to property placed in service after date of the enactment of this act, in taxable years DATE after such date. in the green 136501. extension of the advanced energy credit. extension of 48c DATE is by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following new additional in later than 180 days DATE the date of enactment of this subsection, the after consultation with the secretary of shall establish a program to consider and certifications for qualified investments eligible credits under this section to qualifying advanced project sponsors. annual 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01918 fmt 6652 sfmt 6201 in amount of credits may be allocated under this subsection any calendar year shall not exceed the credit limitation with respect to such annual DATE credit in purposes of subsection, the term credit means $ 2,500,000,000 MONEY for each calendar years 2022 DATE through 2031 DATE , and thereafter. amount set aside for in purposes clause (i), $ 400,000,000 MONEY of the credit limitation for each of years 2022 DATE through 2031 CARDINAL shall allocated to qualified investments within automotive purposes of this clause, term a census tract and any directly census tract, including a no- 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01919 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL census tract, that has major job losses in the manufacturing sector since 1, 1994 DATE , as determined by secretary after consultation with secretary of energy and secretary labor. carryover of unused the annual DATE credit limitation for any year exceeds the aggregate amount for such year DATE under this subsection, limitation for the succeeding calendar year be increased by the amount of such excess. amount may be carried under the preceding to any calendar year after 2036 DATE . application for certification under this subsection submit an application at such time and such information as the secretary require. time to meet criteria for applicant for certification have 2 years DATE from the date of acceptance the secretary of the application during 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01920 fmt 6652 CARDINAL sfmt 6201 to provide to the secretary evidence that requirements of the certification have been period of applicant receives a certification shall have 2 years DATE the date of issuance of the certification in to place the project in service and to the secretary that such project has been so in service, and if such project is not in service (and the secretary so notified) that time period, then the certification shall longer be valid. if any certification is under this subparagraph, the amount of annual DATE credit limitation under paragraph for the calendar year DATE in which such is revoked shall be increased by the of the credit with respect to such certification. selection criteria to those in subsection (d)(3) shall apply, that in determining designations under this the secretary, after consultation with the of energy, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01921 fmt 6652 CARDINAL sfmt 6201 in addition to the factors described in (d)(3)(b), take into consideration will provide the greatest net in avoiding or reducing anthropogenic of greenhouse gases, as by the secretary after consultation the administrator of the protection agency, will provide the greatest domestic creation (both direct and indirect) the credit period, will provide the greatest job within the vicinity of the project, with respect low-income communities (as in section 45d(e LAW )), and dislocated workers who previously employed in coal power plants, or coal and will provide the greatest job in areas with a population that is at of experiencing higher or more adverse health or environmental effects and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01922 fmt 6652 CARDINAL sfmt 6201 CARDINAL significant portion of such population is of communities of color, communities, tribal and indigenous or individuals formerly in the fossil fuel industry, and give the highest priority to projects manufacture (other than assembly of components) property a subclause of subsection (or components thereof), and have the greatest potential for deployment of new disclosure of shall, upon allocating a credit under this publicly disclose the identity of the the amount of the credit with respect to such and the project location for which such was allocated. credit conditioned upon wage and credit shall allocated for a project under this subsection the project meets the prevailing wage 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01923 fmt 6652 sfmt 6201 CARDINAL of paragraph ( 7 CARDINAL ) and the apprenticeship of paragraph ( 8) CARDINAL . prevailing wage in requirements in this paragraph with respect to a are that the taxpayer shall ensure that laborers and mechanics employed by and subcontractors in the re-equipping, or establishment of an industrial or facility shall be paid wages at not less than the prevailing rates for alteration, or repair of a similar in the locality as most recently determined the secretary of labor, in accordance with iv of chapter 31 LAW of title 40 CARDINAL , united correction ORG and penalty related failure to satisfy wage code. in the case of any which fails to satisfy the under subparagraph (a) with respect any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01924 fmt 6652 CARDINAL sfmt 6201 rules similar to the rules of 45(b)(8)(b) shall apply for of this paragraph, and if the failure to satisfy the under subparagraph (a) not corrected pursuant to the rules in subclause (i), the with respect to the expansion, or establishment of industrial or manufacturing facility no longer be valid. apprenticeship described in this subparagraph with to a project are as follows: labor percentage of total labor contractors and engaged in the performance of alteration, or repair work on any shall, subject to subparagraph (b), that not less than the applicable of the total labor hours of such be performed by qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01925 fmt 6652 sfmt 6201 applicable of paragraph ( 1 CARDINAL ), the applicable shall in the case of any applicable the construction of which before january 1, 2023, 5 CARDINAL in the case of any project the construction of which after december 31, 2022 DATE , and january 1, 2024 DATE , 10 percent PERCENT , in the case of any project the construction of which after december 31, 2023 DATE , 15 CARDINAL apprentice to journeyworker requirement under subparagraph shall be subject to any applicable for apprentice-to-journeyworker ratios of department of labor or the applicable apprenticeship agency. contractor subcontractor who employs 4 CARDINAL or more to perform construction, alteration, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01926 fmt 6652 CARDINAL sfmt 6201 work on an applicable project shall 1 CARDINAL or more qualified apprentices to perform work. in other provision of this paragraph, this shall not apply in the case of a demonstrates a lack of of qualified apprentices in the area of the construction, or repair work, and makes a good faith effort to with the requirements of this good faith of clause (i), a taxpayer shall be to have satisfied the requirements such paragraph with respect to an project if such taxpayer has qualified apprentices from a apprenticeship program, as defined section 3131(e)(3)(b), and such request been denied, provided that such denial not the result of a refusal by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01927 fmt 6652 CARDINAL sfmt 6201 DATE or subcontractors engaged in the of construction, alteration, or work on such applicable project to with the established standards and of such apprenticeship purposes of this labor term has the meaning given such term in 45(b)(9)(e)(i CARDINAL ). qualified has the modification of qualifying advanced inclusion of water as a renewable 48c(c)(1)(a)(i)(i CARDINAL ) is amended inserting after is amended by striking storage system for use with electric or hybrid- motor and inserting systems and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01928 fmt 6652 sfmt 6201 modification of qualifying electric 48c(c)(1)(a)(i)(iii CARDINAL ) to read as follows: electric grid modernization or use of captured is amended by striking and insert or electric and fuel cell 48c(c)(1)(a)(i)(vi) is by striking qualified plug-in drive motor vehicles (as defined by section and inserting described in 36c, 45y DATE , and and and striking power control inserting control units, and used for charging or property for production of 48c(c)(1)(a)(i CARDINAL ) is amended by at the end of subclause (vi), by subclause (vii) as subclause (viii), an by after subclause (vi) the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01929 fmt 6652 CARDINAL sfmt 6201 property designed to be to produce qualified clean (as defined in section 45x LAW ), recycling of advanced energy 48c(c)(1 CARDINAL ) is amended by adding at end the following new subparagraph: special rule for certain facility which recycles or similar energy storage property in subparagraph (a)(i) shall be treated part of a manufacturing facility described in effective amendments made by section shall take effect on the date of the enactment this act. 136502 CARDINAL . labor costs of installing mechanical property. in d of part iv of a of chapter 1 LAW , as amended by the preceding of this act, is further amended by adding at the the following new section: 45z DATE . labor costs of installing mechanical property. in purposes of section 38 LAW , the insulation labor costs credit determined under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01930 fmt 6652 CARDINAL sfmt 6201 CARDINAL section for any taxable year DATE is an amount equal to percent of the mechanical insulation labor costs paid incurred by the taxpayer during such taxable year DATE . mechanical insulation labor of this in term labor means the labor cost of installing insulation property with respect to a system referred to in paragraph (2)(a) was originally placed in service not less than year DATE before the date on which such mechanical property is installed. mechanical insulation term insulation means materials, and facings and accessory installed in connection to such insulation placed in service in connection with a system is located in the united states GPE , is of a character subject to an for depreciation, and meets the requirements of 434.403 CARDINAL of title 10 CARDINAL , code of federal 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01931 CARDINAL fmt 6652 sfmt 6201 (as in effect on the date of of this section), and which result in a reduction in energy from the mechanical system which is than the expected reduction from the of insulation materials which meet the requirements of reference standard (as defined in section 179d(c)(2)). section shall not apply to insulation labor costs paid or incurred after 31 DATE , credit allowed as part of general 38(b CARDINAL ), as amended by the provisions of this act, is further amended by at the end of paragraph (40), by striking the at the end of paragraph ( 41 CARDINAL ) and inserting by adding at the end the following new paragraph: the mechanical insulation labor costs determined under section conforming section 280c CARDINAL is amended by adding at the the following new subsection: mechanical insulation labor costs 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01932 fmt 6652 sfmt 6201 in deduction shall be for that portion of the mechanical insulation costs (as defined in section 45z(b LAW )) otherwise as deduction for the taxable year which is to the amount of the credit determined for taxable year under section 45z(a LAW ). similar rule where taxpayer rather than deducts the amount of the credit determined the taxable year under section 45z(a LAW ), the amount of allowable as a for such taxable year DATE for mechanical labor costs (determined without regard to (1)), amount chargeable to capital account for the year DATE for such costs shall be reduced by the of such the table of sections for subpart d of part of subchapter a of chapter 1 LAW , as amended by the provisions of this act, is further amended adding at the end the following new item: 45z CARDINAL . labor costs of installing mechanical insulation effective amendments made by section shall apply to amounts paid or incurred after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01933 fmt 6652 CARDINAL sfmt 6201 31, 2021 DATE , in taxable years ending DATE after such justice 136601. qualified environmental justice credit. in c of part iv of a of chapter 1 LAW , as amended by the preceding of this act, is amended by inserting after section the following new section: 36f DATE . qualified environmental justice allowance of the case of an educational institution, there shall be allowed as a against the tax imposed by this subtitle for any year DATE an amount equal to the applicable percentage the amounts paid or incurred by such taxpayer during taxable year DATE which are necessary for a qualified justice program. qualified environmental justice purposes of this in term justice means a program by one CARDINAL or more eligible educational that is designed to address, or improve data qualified environmental stressors for the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01934 fmt 6652 sfmt 6201 purpose of improving, or facilitating the of, health and economic outcomes of residing in low-income areas or areas that or are at risk of experiencing, multiple to qualified environmental stressors. qualified environmental term environmental means, respect to an area, a contamination of the air, soil, or food with respect to such area or a relative to historical norms of the weather of such area, toxic pollutants (such as lead, or fine particulate matter) in air, soil, high rates of asthma prevalence and such other adverse human health or effects as are identified by the or water, and eligible educational of this section, the term educational means an institution of higher education (as term is defined in section 101 or 102(c LAW ) of the education act of 1965 DATE ) that is eligible to participate a program under title iv of such act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01935 fmt 6652 sfmt 6201 applicable purposes of section, the term in the case of a program involving material of faculty and students of an described in section 371(a) of the higher act of 1965 DATE , 30 percent PERCENT , and in all other cases, 20 percent PERCENT . credit in secretary shall credit dollar amounts under this section eligible educational institutions, for qualified justice programs, submit applications at such time in such manner as the secretary may and are selected by the secretary subparagraph (b). selection after consultation with the secretary of the secretary of education, the of health and human services, and the of the environmental protection shall select applications on the basis of following criteria: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01936 DATE fmt 6652 sfmt 6201 the extent of participation of and students of an institution in section 371(a) of the higher act of 1965 DATE . the extent of the expected effect the health or economic outcomes of residing areas within the states that are low-income areas or that experience, or are at risk of multiple exposures to qualified stressors. the creation or significant of qualified environmental justice in amount of the determined under this section for any year DATE to any eligible educational for any qualified environmental justice shall not exceed the excess the credit dollar amount allocated such institution for such program under subsection, over 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01937 fmt 6652 CARDINAL sfmt 6201 the credits previously claimed by institution for such program under section. paid or incurred after the 5-year DATE beginning on the date a credit dollar is allocated to an eligible educational for a qualified environmental justice shall be taken into account under (a) with respect to such institution for program. allocation total of credits that may be allocated under program shall not $ 1,000,000,000 MONEY for each of DATE years 2022 DATE through 2031 DATE , and $ 0 MONEY for each subsequent year DATE . carryover of unused the annual DATE credit limitation for any year exceeds the aggregate amount for such year DATE under this subsection, limitation for the succeeding calendar year be increased by the amount of such excess. amount may be carried under the preceding to any calendar year after 2036 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01938 fmt 6652 sfmt 6201 in eligible educational that has been allocated credit dollar under this section for a qualified justice project for a taxable year make publicly available the submitted to the secretary under (e) with respect to such project, and submit an annual DATE report to the that describes the amounts paid or for, and expected of, such failure to the case of an educations institution that has failed to with the requirements of this subsection, the dollar amount allocated to such institution this section is deemed to be $ 0 MONEY . public secretary, upon an allocation of credit dollar amounts under this shall publicly the identity of the eligible educational receiving the allocation, and the amount of such conforming 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01939 fmt 6652 CARDINAL sfmt 6201 section 6211(b)(4)(a), as amended by the provisions of this act, is amended by after paragraph ( 2 CARDINAL ) of section 1324(b LAW ) of title united states GPE code, as amended by the provisions of this act, is amended by after clerical table of sections subpart c of part iv of subchapter a of chapter 1 LAW , amended by the preceding provisions of this act, is by inserting after the item relating to section the following new item: 36f CARDINAL . qualified environmental justice effective amendments made by section shall take effect on the date of the enactment this act. 136701 DATE . reinstatement of superfund LAW . hazardous substance superfund read as follows: 4611(e) is amended application of hazardous substance financing hazardous superfund financing rate under this section shall after december 31 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01940 DATE fmt 6652 sfmt 6201 CARDINAL adjustment for section 4611(c)(2)(a LAW ) is amended by and inserting section 4611(c) is amended by adding the end the following: adjustment for in the case of a year after 2022 DATE , the amount in paragraph shall be increased by an amount equal such amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the year DATE , determined by substituting year DATE for year DATE in subparagraph (a)(ii) thereof. any amount as under subparagraph (a) is not a multiple $0.01 MONEY , such amount shall be rounded to the lowest multiple of is amended by striking 31 CARDINAL , and inserting 31 CARDINAL , effective amendments made by section shall take effect on january 1, 2022 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01941 DATE fmt 6652 sfmt 6201 136801 DATE . appropriations. upon the enactment of this act, in to amounts otherwise available, there are for fiscal year 2022 DATE , out of any money in the not otherwise appropriated, $ 3,831,000,000 MONEY to available until september 30, 2031 DATE , for necessary for the internal revenue service to carry out this (and the amendments made by this subtitle), shall supplement and not supplant any other that may be available for this purpose. safety net 137001. amendment of 1986 DATE code. as otherwise expressly provided, whenever in subtitle an amendment or repeal is expressed in terms an amendment to, or repeal of, a section or other the reference shall be considered to be made to a or other provision of the internal revenue code 1986 DATE . tax credit 137101 DATE . modifications applicable beginning in safe harbor exception for fraud and disregard of rules and 24(j)(2)(b) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01942 fmt 6652 sfmt 6201 by striking each place it appears clause (iv)(ii) and inserting and by adding at the end the following new exception for fraud and disregard of rules and in purposes determining harbor under clause (iv) with respect any taxpayer, an individual shall be treated as taken into account determining the annual DATE advance of such taxpayer if the determines that such individual so taken into account due to by the taxpayer or intentional of rules and regulations by taxpayer. arrangements to take into account more purposes of (i), a taxpayer shall not fail to as rules and regulations with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01943 DATE fmt 6652 CARDINAL sfmt 6201 to any individual taken into in determining the annual DATE amount of such taxpayer if such entered into a plan or other with, or expected, taxpayer to take such individual account in determining the credit under this section for the treatment of joint 24(j) amended by adding at the end the following new joint as otherwise by the secretary, in the case of an advance made under section 7527a DATE with respect to joint return, half CARDINAL of such payment shall be treated having been made to each individual filing such annual DATE advance 7527a(b CARDINAL ) in paragraph in subparagraph (a), by inserting on any other information known to the after taxable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01944 fmt 6652 CARDINAL sfmt 6201 in subparagraph (c), by inserting determined by the secretary based on any known to the before only and in subparagraph (d), by inserting determined by the secretary based on any known to the before ages DATE and in paragraph ( 3)(a)(ii CARDINAL ), by striking by the and inserting or effective amendments made by section shall apply to taxable years DATE beginning, and made, after december 31, 2020. DATE 137102. extension and modification of child tax and advance payment for 2022 DATE . 24(i) is extension of child tax by striking 1 CARDINAL , in the preceding paragraph ( 1 CARDINAL ) and inserting 1 CARDINAL , and by inserting after the heading thereof. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01945 fmt 6652 CARDINAL sfmt 6201 CARDINAL extension of provisions related to of the united section 24(k)(2)(b ORG ) is by striking 31 CARDINAL , the matter preceding clause (i) and 31 DATE , and by striking in the thereof and section 24(k)(3)(c)(ii) is in subclause (i), by inserting after and in subclause (ii), by striking 31 CARDINAL , and inserting 31 CARDINAL , the heading of section 24(k)(2)(a) is by after extension of advance 7527a DATE is in subsection (b)(1), by striking and in clauses (i) and (ii) of subsection by inserting after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01946 fmt 6652 sfmt 6201 in subsection (f), by striking 31 CARDINAL , and inserting 31 CARDINAL , repeal of social security number 24(h) is amended by striking application of income phaseout on basis income for preceding taxable is amended by adding at the end the following new (7). application of income phaseout on of income for prior taxable modified adjusted gross income (as in subsection (b)) for the taxable year DATE for the credit allowed under this section is is greater than such modified gross income (as so defined) for the preceding year DATE , paragraph ( 4 CARDINAL ) and subsection (b)(1) both be applied with respect to such adjusted gross income (as so defined) for preceding taxable inflation 24(i), as by subsection (c), is amended by adding at the the following new paragraph: inflation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01947 DATE fmt 6652 CARDINAL sfmt 6201 in the case of any year DATE beginning after december 31 DATE , the $ 500 MONEY amount in subsection (h)(4)(a), $ 3,000 MONEY and $ 3,600 MONEY amounts in paragraph and subsection (j)(2)(b)(iv), and the dollar in paragraph (4)(b), shall each be by an amount equal such dollar amount, multiplied by percentage (if any) by the cpi (as defined in 1(f)(4 DATE )) for the calendar year the calendar year DATE in which taxable year DATE begins, exceeds the cpi (as so defined) for year 2020 DATE . $ 500 MONEY the case of $ 500 MONEY amount in subsection (h)(4)(a), under subparagraph (a) is not a multiple of $ 10 MONEY shall be to the nearest multiple of $ 10 MONEY . $ 3,000 MONEY and $ 3,600 MONEY the case of the $ 3,000 MONEY and $ 3,600 MONEY in paragraph ( 3 CARDINAL ) and subsection 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01948 fmt 6652 CARDINAL sfmt 6201 any increase under (a) which is not a multiple of $ 100 MONEY be rounded to the nearest multiple of the case of the dollar in paragraph (4)(b), any increase subparagraph (a) which is not a of $ 5,000 MONEY shall be rounded to the multiple of modification of recapture safe harbor 24(j)(2)(b)(iv), as amended by the provisions of this act, is amended to read as safe harbor of this subparagraph, the term harbor means, with respect any taxpayer for any taxable year, the of $ 3,000 MONEY ($ 3,600 MONEY in the case of qualifying child who has not attained age as of the close of the calendar year DATE in the taxable year of the taxpayer with respect to each qualifying child 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01949 fmt 6652 CARDINAL sfmt 6201 CARDINAL taken into account in the annual DATE advance amount respect to such taxpayer under 7527a DATE with respect to months in such taxable year DATE , and not taken into account in the credit allowed to such under this section for such effective amendments made by section shall apply to taxable years DATE beginning, and made, after december 31, 2021. DATE 137103 DATE . establishment of monthly DATE child tax with advance payment through in a of part iv of a of chapter 1 LAW is amended by inserting after 24 CARDINAL the following new sections: 24a DATE . monthly DATE child tax credit. allowance of shall be as a credit against the tax imposed by this chapter the taxable year the sum of the monthly DATE specified child determined with respect to the taxpayer under (b) for each calendar month during such year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01950 fmt 6652 CARDINAL sfmt 6201 CARDINAL monthly specified child in purposes of this the term specified child with respect to any taxpayer for any month DATE , the sum $ 300 MONEY with respect to each specified of such taxpayer who will not, as of the of the taxable year which includes such have attained age 6 DATE , plus $ 250 MONEY with respect to each specified of such taxpayer who will, as of the close the taxable year which includes such month DATE , attained age 6 DATE . limitations based on modified gross initial monthly DATE child allowance otherwise determined paragraph ( 1 CARDINAL ) with respect to any for any calendar month shall be reduced not below zero CARDINAL ) by of 5 percent PERCENT of the (if any) of the modified gross income for the applicable taxable over the initial threshold amount in effect such applicable taxable year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01951 fmt 6652 CARDINAL sfmt 6201 CARDINAL limitation on initial amount of the reduction under (a) shall not exceed the lesser the excess (if any) the monthly DATE specified child with respect to the taxpayer the calendar month DATE (determined regard to this paragraph), the amount which would be under subclause (i) if the amounts in effect under (a) and (b) of paragraph were each equal to $ 166.67 MONEY , or of 5 percent PERCENT of the excess of secondary ORDINAL threshold amount over the threshold amount. specified child allowance otherwise under paragraph ( 1 CARDINAL ) with respect to taxpayer for any calendar month DATE after the application of subparagraphs and (b)) shall be reduced (but not below by of 5 percent PERCENT of the excess (if any) the modified adjusted gross 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01952 fmt 6652 CARDINAL sfmt 6201 for the applicable taxable year DATE over the threshold amount. definitions related to based on modified adjusted gross purposes of this initial threshold $ 150,000 MONEY , in the case of a return or surviving spouse (as in section 2(a LAW )), the dollar amount in under subclause (i), in the case of married individual filing a separate $ 112,500 MONEY , in any other and term threshold $ 400,000 MONEY , in the case of a return or surviving spouse (as in section 2(a LAW )), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01953 CARDINAL fmt 6652 CARDINAL sfmt 6201 $300,000 MONEY , in the case of a of household (as defined in 2(b CARDINAL )), and $ 200,000 MONEY , in any other applicable taxable term taxable means, respect to any taxpayer, the relevant year DATE with respect to which the has the lowest modified adjusted income. for purposes of the sentence, the term taxable means the taxable year DATE for which the allowed under this section is and each of the 2 CARDINAL immediately taxable years DATE . modified adjusted gross term adjusted gross means adjusted gross income by any amount excluded from income under section 911 LAW , 931 CARDINAL , or specified purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01954 fmt 6652 CARDINAL sfmt 6201 in term with respect to any taxpayer for any month DATE , an who has the same principal place of as the taxpayer for more than one-half CARDINAL of month, who is younger than the taxpayer and not, as of the close of the calendar year DATE includes such month DATE , have attained age who receives care from the taxpayer such month DATE that is not compensated, who is not the spouse of the taxpayer any time during such month DATE , who is not a taxpayer with respect to any individual is a specified child for month DATE , and who is a citizen, national, or resident the united states GPE , or if the taxpayer is a citizen or of the united states GPE , such individual described in section 152(f)(1)(b LAW ) with to such taxpayer. care from the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01955 fmt 6652 sfmt 6201 in as otherwise by the secretary, whether any receives care from the taxpayer (within meaning of paragraph ( 1)(c CARDINAL )) shall be on the basis of and with respect to the following the supervision provided by the regarding the daily DATE activities and of the individual. the maintenance by the taxpayer a secure environment at which the resides. the provision or arrangement by taxpayer of, and transportation by the to, medical care at regular and as required for the individual. the involvement by the taxpayer and financial and other support by the for, educational or similar of the individual. any other factor that the determines to be appropriate to whether the receives from the taxpayer. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01956 fmt 6652 CARDINAL sfmt 6201 CARDINAL determination of whether care purposes of if care is compensated within the of paragraph ( 1)(c CARDINAL ), compensation from the government, a state or local a tribal government, or any possession of united states shall not be taken into application of tie-breaker in as provided in (d), if any individual would (but this paragraph) be a specified child of 2 CARDINAL or taxpayers for any month DATE , such individual be treated as the specified child only of taxpayer who the parent of the individual (or, if individual would (but for this be a specified child of 2 CARDINAL or more of the individual for such month DATE , parent of the individual determined subparagraph (b)), if the individual is not a specified of any parent of the individual without regard to this paragraph), specified relative of the individual with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01957 fmt 6652 CARDINAL sfmt 6201 CARDINAL highest adjusted gross income for the year DATE which includes such month DATE , or if the individual is neither a child of any parent of the nor a specified child of any specified of the individual (in both cases without regard to this the taxpayer with the highest gross income for the taxable year includes such month DATE . tie-breaker among individual would (but for this paragraph) the specified child of 2 CARDINAL or more parents of individual for any month DATE , such child shall treated only as the specified child the parent with whom the child for the longest period of time such month, or if the child resides with both for the same amount of time during month, the parent with the highest gross income for the taxable year includes such month DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01958 DATE fmt 6652 sfmt 6201 specified purposes this paragraph, the term an individual who an ancestor of a parent of the child, a brother or sister of a parent of specified child, or a brother, sister, stepbrother, or of the specified child. certain parents or specified not taken into shall be applied without regard to parent or specified relative of an individual any month DATE such parent or specified relative to have such individual not be as a specified child of such parent or relative for such month DATE , in the case of a parent of such the adjusted gross income of taxpayer (with respect to whom such would be treated as a specified after application of this for the taxable year which includes month DATE is higher than the highest 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01959 fmt 6652 sfmt 6201 gross income of any parent of the for any taxable year DATE which such month DATE (determined without to any parent with respect to whom individual is not a specified child, without regard to subparagraphs and (b) and after application of this and in the case of a specified relative such individual, the adjusted gross of the taxpayer (with respect to such individual would be treated as specified child after application of this for the taxable year which such month DATE is higher than the adjusted gross income of any and any specified relative of the for any taxable year DATE which includes month (determined without regard to parent and any specified relative with to whom such individual is not a child, determined without regard subparagraphs (a) and (b) and after of this subparagraph). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01960 fmt 6652 sfmt 6201 CARDINAL treatment of joint purposes of this paragraph, with respect to month DATE , 2 CARDINAL individuals filing a joint return the taxable year which includes such month DATE be treated as 1 CARDINAL individual. as otherwise by the secretary, the term shall the same meaning as when used in section special rules with respect to birth in the case of the of an individual during any calendar such individual shall be treated as a child of the relevant taxpayer for calendar month DATE in such calendar year precedes the calendar month DATE to in clause (ii). of clause (i), the term means the taxpayer with respect whom the individual referred to in (i) is a specified child for the first ORDINAL for which such individual is a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01961 fmt 6652 sfmt 6201 child with respect to any taxpayer without regard to this in the case of the of an individual during any calendar such individual shall be treated as a child of the relevant taxpayer for calendar month DATE in such calendar year follows the calendar month DATE referred in clause (ii). of clause (i), the term means the taxpayer with respect whom the individual referred to in (i) is a specified child for the last for which such individual is alive. treatment of temporary purposes of this in the case of any temporary absence from such principal place of abode, each day the temporary absence be treated as a day at such principal place of abode, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01962 DATE fmt 6652 sfmt 6201 location. not be treated as a day at any temporary of subparagraph (a), an absence shall be as temporary the individual would have resided the place of abode but for the absence, under and it is reasonable to assume that individual will return to reside at the of abode. special rule for divorced parents, similar to the rules section 152(e) shall for purposes of this subsection. eligibilty determined on basis of in a period of eligibility is established under section for any individual with respect to any such individual shall be treated as specified child of such taxpayer for any in such period of presumptive and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01963 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL such shall not be as the specified child of any other with respect to whom a period of eligibility has not been for any such month DATE . ability of credit claimants to presumptive in section 7527b(c LAW ) shall be interpreted to a taxpayer who elects not to receive advance child payments under section from establishing a period of eligibility (including any such period in section 7527b(c)(2)(d)) with respect any specified child for purposes of this portion of credit the (in the case of a joint return, either spouse) has principal place of abode (determined as provided in 32 DATE ) in the united states GPE or puerto rico GPE for more one-half CARDINAL of any calendar month during the taxable so much of the credit otherwise allowed under (a) as is attributable to monthly DATE specified child with respect to any such calendar month shall allowed under subpart c (and not allowed under this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01964 fmt 6652 sfmt 6201 CARDINAL identification to the rules of section 24(e) shall apply for purposes this section. restrictions on taxpayers who claimed credit or improperly received advance child taxpayers making prior fraudulent reckless in credit shall be under this section for any taxable year no payment shall be made under section for any month DATE ) in the disallowance disallowance of subparagraph (a), the disallowance the period of 10 CARDINAL taxable years DATE the most recent taxable year DATE for there was a final determination that claim of credit under this or section 24 LAW (or payment under 7527a DATE or 7527b DATE ) was due to the period of 2 CARDINAL taxable years DATE the most recent taxable year DATE for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01965 DATE fmt 6652 CARDINAL sfmt 6201 there was a final determination that claim of credit under this or section 24 LAW (or payment under 7527a DATE or 7527b DATE ) was due to or intentional disregard of rules and (but not due to fraud), and in addition to any period under clause (i) or (ii) (as the case be), the period beginning on the date the final determination described in clause and ending with the beginning the period described in such clause. taxpayers making improper prior the case of a taxpayer who is denied under this section or section 24 for any year LAW as a result of the deficiency procedures subchapter b of chapter 63 LAW , no credit shall be under this section for any subsequent year DATE (and no payment shall be made under 7527b DATE for any subsequent month DATE ) unless the provides such information as the secretary require to demonstrate eligibility for such coordination with possessions of united carrying out this section, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01966 fmt 6652 sfmt 6201 CARDINAL secretary shall coordinate with each possession the united states GPE to prevent the avoidance of the of this subsection. reconciliation of credit and monthly DATE child in amount otherwise under subsection (a) with respect to any for any taxable year shall be reduced (but below zero) by the aggregate amount of made under section 7527b to such taxpayer one CARDINAL or more calendar months in such taxable any failure to so reduce the credit shall be as arising out of a mathematical or clerical and assessed according to section 6213(b)(1 LAW ). recapture of excess advance in certain the case a taxpayer described in paragraph ( 3 CARDINAL ) for any year DATE , the tax imposed by this chapter for taxable year DATE shall be increased by the excess (if the aggregate amount of payments to the taxpayer under section 7527b for or more calendar months in such taxable over 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01967 DATE fmt 6652 sfmt 6201 the amount determined under (a) with respect to the taxpayer for such year DATE (without regard to paragraph ( 1 CARDINAL ) this subsection). taxpayers subject to fraud or reckless or disregard of rules and taxpayer is described in this with respect to any taxable year DATE if the determines that the amount described paragraph ( 2)(a CARDINAL ) with respect to the for such taxable year DATE was determined on basis of fraud or a reckless or intentional of rules and regulations. in filing the amount in paragraph ( 2)(a CARDINAL ) with respect to taxpayer for the taxable year DATE was on the basis of an amount of the modified adjusted gross income which less than the modified adjusted income for the applicable taxable year DATE (as in subsection such taxpayer shall be treated as in this paragraph, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01968 fmt 6652 sfmt 6201 the increase determined under ( 2 CARDINAL ) by reason of this shall not exceed the excess the amount described (2)(a), over the amount which would be described if the payments described had been determined on the of the modified gross income for the applicable year DATE (as defined in subsection rule similar to the rule of the preceding shall apply if the amount in paragraph ( 2)(a CARDINAL ) with respect to taxpayer for the taxable year DATE was on the basis of a filing status of taxpayer which differs from the filing status for the applicable year DATE (as so defined). payments made outside of of presumptive any described in paragraph (2)(a) with to the taxpayer for the taxable year DATE was with respect to a child for a month DATE which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01969 fmt 6652 CARDINAL sfmt 6201 not part of a period of presumptive established under section 7527b(c LAW ) for child with respect to such such taxpayer shall be treated as in this paragraph, and the increase determined under ( 2 CARDINAL ) by reason of this shall not exceed the portion of such so made. certain payments made after from the secretary a taxpayer under section 7527b(j)(2) such taxpayer is subject to recapture with to any such taxpayer shall be treated as in this paragraph, and the increase determined under ( 2 CARDINAL ) by reason of this shall not exceed the aggregate of such payments. taxpayers moving to another minimize the amount of payments made under section 7527b to individuals, the secretary shall issue or other guidance for purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01970 fmt 6652 sfmt 6201 CARDINAL paragraph which apply with respect to who with respect to the reference but are not so described with respect to or more months DATE during the taxable year DATE for advance payments under section 7527b made. other circumstances to prevent taxpayer is described in this with respect to any taxable year DATE pursuant regulations or other guidance of the describing other recapture circumstances facilitate the administration and enforcement the secretary of section 7527b LAW to minimize amount of advance payments made under 7527b DATE to ineligible individuals and to abuse. joint as otherwise by the secretary, in the case of an advance made under section 7527b DATE with respect to joint return, half CARDINAL of such payment shall be treated having been made to each individual filing such inflation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01971 fmt 6652 sfmt 6201 CARDINAL monthly specified child in the case of any beginning after december 31, 2022 DATE , of the dollar amounts in subsection (b)(1) be increased by an amount equal such dollar amount, multiplied by percentage (if any) by the cpi (as defined in 1(f)(4 DATE )) for the calendar year the calendar year in which month DATE begins, exceeds the cpi (as so defined) for year 2020 DATE . under (a) which is not a multiple of shall be rounded to the nearest multiple of initial threshold in the case of any year DATE beginning after december 31 DATE , the dollar amounts in subclauses (i) and of subsection (b)(2)(d)(i) shall each be by an amount equal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01972 fmt 6652 CARDINAL sfmt 6201 CARDINAL such dollar amount, multiplied by percentage (if any) by the cpi (as defined in 1(f)(4 DATE )) for the calendar year the calendar year DATE in which taxable year DATE begins, exceeds the cpi (as so defined) for year 2020 DATE . under (a) which is not a multiple of shall be rounded to the nearest multiple $5,000 MONEY . application of credit in mirror code in secretary shall to each possession of the united states GPE a mirror code tax system amounts equal to loss (if any) to that possession by reason of application of this section (determined regard to this subsection) with respect to years beginning after 2022 DATE and before such amounts shall be determined by the based on information provided by the of the respective possession. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01973 fmt 6652 CARDINAL sfmt 6201 CARDINAL coordination with credit against united credit shall be allowed under this for any taxable year to any individual to a credit is allowable against taxes by a possession of the united states GPE with mirror code tax system by reason of the of this section in such possession for taxable year. mirror code tax of this paragraph, the term tax means, with respect to any of the united states GPE , the income tax of such possession if the income tax of the residents of such possession under system is determined by reference to the tax laws of the united states GPE as if such were the united states GPE . cross references related to of credit to residents of puerto for application of refundable credit residents of puerto rico GPE , see subsection (d). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01974 fmt 6652 CARDINAL sfmt 6201 for application of advance payment residents of puerto rico GPE , see section american NORP in secretary shall to american NORP samoa amounts estimated by secretary as being equal to the aggregate that would have been provided to of american NORP samoa by reason of the of this section for taxable years DATE after 2022 DATE and before 2026 DATE if the of this section had been in effect in samoa (applied as if american NORP samoa the united states GPE and without regard to application of this section to residents of rico LAW under subsection (d)). distribution (a) shall not apply unless american NORP has a plan, which has been approved by secretary, under which american NORP samoa promptly distribute such payments to its coordination with credit against united 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01975 fmt 6652 sfmt 6201 in the case of a year DATE with respect to which a plan approved under subparagraph (b), this (other than this subsection) shall apply to any individual eligible for a under such plan. application of section in the case of a taxable year DATE with to which a plan is not approved subparagraph (b), subsection (d) be applied by substituting puerto or american NORP for puerto treatment of of section 1324 LAW of title 31 CARDINAL , united states the payments under this subsection shall be in the same manner as a refund due from credit provision referred to in subsection (b)(2) of section. secretary shall issue such or other guidance as the secretary determines or appropriate to carry out the purposes of this including regulations or other 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01976 DATE fmt 6652 CARDINAL sfmt 6201 for determining whether an individual care from a taxpayer for purposes of (c)(1), and to coordinate or modify the application of section and section 24, 7527a LAW , and 7527b DATE in case of any whose taxable year DATE is other than a year, whose filing status for a taxable year DATE different from the status used for one CARDINAL or more monthly DATE payments under 7527b DATE during such taxable year DATE , or whose principal place of abode for month DATE is different from the principal place abode used for determining the monthly DATE under section 7527b for such month DATE . section shall not apply to years DATE beginning after december 31, 2025 DATE . 24b CARDINAL . credit for certain other dependents. in shall be allowed as a against the tax imposed by this chapter for the taxable an amount equal to $ 500 MONEY with respect to each dependent of such taxpayer for such taxable year DATE . limitation based on modified adjusted 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01977 fmt 6652 CARDINAL sfmt 6201 in amount of the credit under subsection (a) shall be reduced (but below zero) by $ 50 MONEY for each $ 1,000 MONEY (or fraction by which the modified adjusted income exceeds the threshold amount. threshold purposes of $ 400,000 MONEY , in the case of a joint or surviving spouse (as defined in section $ 300,000 MONEY , in the case of a head of (as defined in section 2(b LAW )), and $ 200,000 MONEY , in any other case. modified adjusted gross purposes of this subsection, the term gross means adjusted gross income by any amount excluded from gross under section 911 LAW , 931 CARDINAL , or 933 CARDINAL . specified purposes of this the term means, with respect any taxpayer for any taxable year, any dependent of taxpayer for such taxable year DATE unless such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01978 fmt 6652 sfmt 6201 is a specified child of the taxpayer, or any taxpayer, for any month DATE during such taxable or would not be a dependent if subparagraph of section 152(b)(3 LAW ) were applied without regard all that follows of the united identification ORG to the rules of section 24(e) shall apply for purposes this section. taxable year must be full taxable in the case of a taxable year closed by of the death of the taxpayer, no credit shall be under this section in the case of a taxable year DATE a period of less than 12 months DATE . inflation in the case of any taxable beginning after december 31, 2022 DATE , the $ 500 MONEY in subsection (a) shall be increased by an equal such dollar amount, multiplied by the percentage (if any) by the cpi (as defined in section for the calendar year preceding calendar year DATE in which such taxable begins, exceeds 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01979 fmt 6652 sfmt 6201 year 2020 DATE . the cpi (as so defined) for the increase determined paragraph ( 1 CARDINAL ) is not a multiple of $ 10 MONEY , such shall be rounded to the nearest multiple of secretary shall issue such or other guidance as the secretary determines or appropriate to carry out the purposes of this section shall not apply to years DATE beginning after december 31 DATE , monthly payment of child tax 77 CARDINAL is amended by inserting after section 7527a DATE following new section: 7527b DATE . monthly DATE payments of child tax credit. in secretary shall establish a for making payments to taxpayers with respect each calendar month DATE equal to the monthly DATE advance child determined with respect to such taxpayer for month DATE . monthly DATE advance child of this section and except as otherwise provided this section, the term advance child with respect to any taxpayer for any calendar 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01980 fmt 6652 CARDINAL sfmt 6201 the amount (if any) which is estimated by the as being equal to the monthly DATE specified child which would be determined under section 24a(b CARDINAL ) respect to such taxpayer for such calendar month unless determined by the secretary based any information known to the secretary, the only children of such taxpayer for such calendar are the specified children of such taxpayer for reference month DATE , unless determined by the secretary based any information known to the secretary, the ages such children (and the status of such children as children) are determined for such calendar by taking into account the passage of time such reference month, the limitations of section 24a(b)(2) were with respect to the reference taxable year DATE than with respect to the applicable taxable and unless determined by the secretary based any information known to the secretary, no specified child allowance were determined respect to such taxpayer for such calendar unless the taxpayer (in the case of a joint either spouse) has a principal place of abode 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01981 DATE fmt 6652 CARDINAL sfmt 6201 DATE as provided in section 32 LAW ) in the united or puerto rico GPE for more than one-half CARDINAL of the month. presumptive in shall be as a specified child of a taxpayer for of determining any monthly DATE advance child under this section only if such month DATE is part the period of presumptive eligibility determined by secretary under this subsection with respect to specified child and such taxpayer (determined treating the month DATE described in subclause (i) of (2)(a)(ii) as being the first month DATE after the determination described in such period of presumptive purposes of this in as otherwise by the secretary, the term of means the beginning with the month DATE for presumptive eligibility is established, ending with the earliest 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01982 fmt 6652 sfmt 6201 the beginning of the month DATE in clause (i) if the secretary that the taxpayer or rules or regulations in or maintaining presumptive in the case of any from the secretary that the of presumptive eligibility has terminated or suspended by of any question regarding of the taxpayer for monthly DATE child payments with respect to child, the month DATE specified in notice as the month on which termination or suspension and the month DATE following any of the taxpayer to make the annual DATE renewal of presumptive by such date as the may provide. establishing presumptive taxpayer shall establish presumptive 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01983 fmt 6652 CARDINAL sfmt 6201 with respect to any specified child for month DATE at such time and in such manner as secretary may provide. except as otherwise by the secretary, in order to establish period of presumptive eligibility the taxpayer express a reasonable expectation and that the taxpayer will continue to be with respect to such specified child for at the two months DATE following the month DATE for presumptive eligibility is to be method of establishing secretary shall information to establish presumptive under this paragraph may be provided the return of tax for the taxable year ending the calendar year DATE which includes the for which such eligibility is to be through the on-line portal described in (c), or in such other manner as the may provide. inclusion of automatic grace and periods of of presumptive eligibility shall include any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01984 fmt 6652 sfmt 6201 to which paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ) of (g) applies. automatic eligibility for birth secretary shall issue or other guidance to establish procedures to which, to the maximum extent a parent of a child born during a month shall be treated as establishing presumptive with respect to such child, the period of such automatic eligibility is determined, and the first ORDINAL monthly DATE advance child with respect to such child is to properly take into account each in the taxable year DATE preceding such presumptive eligibility based certain government shall issue regulations or other to establish procedures under based on information provided to secretary by one CARDINAL or more government a parent or specified relative of a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01985 DATE fmt 6652 CARDINAL sfmt 6201 is treated as automatically presumptive eligibility with respect such child, and the period for which such presumptive eligibility is determined any additional circumstances which such period will terminate). coordination with purposes of determining the status any individual as a specified child for of determining presumptive eligibility respect to any period, section 24a(c) shall applied without regard to paragraph ( 7 CARDINAL ) notice of termination of eligibility by reason of failure to make a period of eligibility with respect to any specified the secretary shall provide the a written notice of such termination. determination of reference month and taxable purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01986 fmt 6652 CARDINAL sfmt 6201 reference term means, with respect to any taxpayer for any month DATE , the most recent in the case of a taxpayer who filed a of tax for the last taxable year ending such calendar month DATE , the last month of taxable year DATE , in the case of a taxpayer who filed a of tax for the taxable year preceding the year DATE described in subparagraph (a), the month DATE of such preceding taxable year DATE , and in the case of a taxpayer who through a specified alternative information which is sufficient to the monthly DATE advance child for such month DATE , such month DATE . reference taxable term taxable means, with respect to any for any calendar month DATE , the most recent the taxable year DATE described in (a) or (b) of paragraph ( 1 CARDINAL ), or in the case of a taxpayer who through a specified alternative information which is sufficient to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01987 DATE fmt 6652 CARDINAL sfmt 6201 the modified adjusted gross for the taxable year which includes such such taxable year DATE . availability of or year referred to in subparagraphs (a), or (c) of paragraph ( 1 CARDINAL ) or subparagraph (a) or of paragraph ( 2 CARDINAL ) shall not be taken into account determining the reference month or reference year DATE with respect to any calendar month unless relevant information with respect to such month year DATE is available to the secretary and the has adequate time to make estimates under section on the basis of such information before beginning of such calendar month. treatment of insufficient as otherwise provided by the if a taxpayer is not described in (a), (b), or (c) of paragraph ( 1 CARDINAL ) respect to any calendar month DATE , the advance child payment with respect to such for such calendar month shall be as zero CARDINAL unless the secretary determines the secretary can make the estimate in subsection (b) on the basis of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01988 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL known to the secretary which the determines is reasonably reliable, and if the taxpayer is not described in ( 1)(c CARDINAL ) and the information on the of tax referred to in subparagraph (a) (b) of paragraph ( 1 CARDINAL ) does not establish the of the taxpayer (in the case of a joint either spouse) as having a principal place abode (determined as provided in section 32 LAW ) the united states GPE or puerto rico GPE for more one-half CARDINAL of the reference month, the shall determine such status based on known to the secretary. transition any case with to which section 24a DATE was not in effect for the year DATE described in subparagraph (a), (b), or of paragraph ( 1 CARDINAL ) (whichever is applicable), (b)(1) shall be applied by substituting children of such taxpayer for the taxable which includes the reference for children of such taxpayer for the reference on-line information portal; specified 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01989 fmt 6652 CARDINAL sfmt 6201 on-line information shall establish an on-line portal which taxpayers subject to such restrictions as the may provide, elect to begin or cease payments under this section, and provide information to the secretary is relevant in determining the monthly DATE child payment and the for such payment, including information the number of the children, including by reason of birth of a child, the marital status, the modified adjusted income, and the principal place of any other factor which the may provide. specified alternative purposes of this section, the term means the on-line portal under paragraph ( 1 CARDINAL ), the on-line portal 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01990 DATE fmt 6652 sfmt 6201 DATE under section 7527a DATE , and any other or method established by the secretary to allow to provide the information described in (1) (including in connection with the of any return of tax). specified child of more than 1 CARDINAL in the event that (without to this paragraph and determined without to any election under subsection (e)(1)) any child would be taken into account in the monthly DATE advance child payment of more one CARDINAL taxpayer for the same calendar except as provided in subparagraph such child shall be so taken into account with respect to the taxpayer with the most reference month DATE , and if any such taxpayer is described in (d)(1)(c) (or more than 1 CARDINAL taxpayer described in subparagraph (a) of this the secretary shall establish procedures which the secretary expeditiously the competing claims of eligibility with respect to the same 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01991 fmt 6652 CARDINAL sfmt 6201 CARDINAL provisions related to expedited process; procedures established under paragraph shall an expedited process for who meet such requirements as the may establish for such expedited and procedures for adjudicating an of an adverse decision. information receipt and secretary may enter into to receive information from, and coordinate federal agencies (including the security administration and the of agriculture), any state, government, government, or possession of the states, and any other individual or entity the secretary determines to be for purposes of adjudicating a claim described in paragraph ( 1 CARDINAL ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01992 DATE fmt 6652 CARDINAL sfmt 6201 adjudication not treated as adjudication under the established under paragraph (1)(b) the adjudication of any appeal) shall be treated as an assessment described in 6201 DATE . adjudication not treated as of books of inspection of a books account in connection with any adjudication the procedures established under (1)(b) (including the adjudication of any shall not be treated as an examination inspection of a books of account purposes of section 7605(b LAW ). retroactive pursuant to procedures established under paragraph (1)(b), secretary determines that a child is a specified of a taxpayer and the secretary did not make to such taxpayer with respect to such child any portion of the period during which the was made, the secretary may make a one- payment to the taxpayer with respect to which child is the specified child in an amount equal the aggregate amount by which the monthly 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01993 DATE fmt 6652 sfmt 6201 child payments to such taxpayer would have during such period if such determination been made immediately. recapture of pursuant the procedures established under paragraph the secretary makes payments with respect the child during the period during which the is the secretary shall provide each which receives such payments notice that payments may be subject to recapture, upon making such determination, the shall determine on the basis of the and circumstances of each such taxpayer any such payments should be subject recapture and shall so notify each such rules related to grace periods and automatic grace in (f), in the case of any failure or delay establishing a period of presumptive with respect to which the taxpayer elects 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01994 fmt 6652 CARDINAL sfmt 6201 application of this subparagraph, credit section 24a DATE or retroactive payment under section (similar to the payment described in (f)(3)) shall be allowed or made with to so much of the period of such failure delay as does not exceed 3 months DATE . the sentence shall not apply if the secretary that such failure or delay was due fraud or reckless or intentional disregard of and regulations. not apply with respect to any taxpayer than once during any 36-month DATE period. subsection if the secretary determines that a failure or in establishing a period of presumptive with respect to any specified child was due to violence, serious illness, natural disaster, or other hardship, credit under section 24a or payment under this section (similar to the described in subsection (f)(3)) shall be or made with respect to so much of the period such failure or delay as does not exceed 6 months DATE . provisions related to form, manner, and of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01995 fmt 6652 sfmt 6201 application of electronic funds payments made by the under subsection (a) shall be made by funds transfer to the same extent and in same manner as if such payments were federal not made under this title. application of certain to the rules of subparagraphs (b) and (c) of 6428a(f)(3) shall apply for purposes of this applied by substituting 1 CARDINAL , 1 CARDINAL , in clauses (i) and (ii) of such (b). exception from reduction or payment made to any individual under section shall not subject to reduction or offset to subsection (c), (d), (e), or (f) of section or any similar authority permitting offset, reduced or offset by other assessed taxes that would otherwise be subject levy or collection. application of advance payments in possessions of the united puerto 23, 2021 ORG ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01996 fmt 6652 CARDINAL sfmt 6201 for application of child tax credit residents of puerto rico GPE , see section for application of monthly DATE child payments to residents of rico LAW , see subsection (b)(4). mirror code the of any possession of the united states GPE with mirror code tax system (as defined in section this section shall not be treated part of the income tax laws of the united for purposes of determining the income law of such possession unless such elects to have this section be so treated. administrative expenses of mirror code case of any possession described in (b) which makes the described in such subparagraph, the otherwise paid by the secretary to possession under section 24a(i)(1)(a LAW ) respect to taxable years DATE beginning in 2024 DATE , and 2025 DATE shall each be by $ 300,000 MONEY if such possession has 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01997 fmt 6652 sfmt 6201 DATE plan, which has been approved by the for making monthly DATE advance payments consistent with such the otherwise paid by the secretary to samoa under subparagraph (a) section 24a(i)(3 CARDINAL ) with respect to taxable beginning in 2023, 2024 DATE , and 2025 DATE each be increased by $ 300,000 MONEY if the described in subparagraph (b) of section includes a program, which has approved by the secretary, for monthly DATE advance child payments under similar to the rules of this section. timing of may pay, upon the request of the of the united states GPE to which payment is to be made, the amount of increase determined under clause (i) or respectively, upon of the plan with respect to which payment relates. application of certain definitions and applicable to child tax 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01998 fmt 6652 CARDINAL sfmt 6201 DATE as otherwise in this section, terms used in this section are also used in section 24a shall have the respective meanings as when used in section treatment of certain shall not be taken into account in determining monthly DATE advance child payment for any calendar if the death of such child before the of the calendar year which includes such month known to the secretary as of date on which the estimates such payment. identification to the rules which apply under section shall apply for purposes of this section that such rules shall apply with respect to the of tax for the reference taxable year DATE or, in the of information provided through a specified mechanism, with respect to the information through such mechanism. restrictions on taxpayers who claimed credit or monthly DATE advance restrictions on taxpayers improperly claimed credit or monthly DATE advance payments, see section 24a(f). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 01999 fmt 6652 CARDINAL sfmt 6201 CARDINAL notice of in later than january 31 DATE the calendar year following any calendar year DATE which the secretary makes one CARDINAL or more to any taxpayer under this section, the shall provide such taxpayer with a written which the taxpayer identity (as in section 6103(b)(6 LAW )), the aggregate amount of such made to such taxpayer during such year DATE , and such other information as the determines appropriate. certain payments subject to the case of any payments made to a which the secretary has determined are to recapture, the notice provided under (1) to such taxpayer shall include the amount such payments. secretary shall issue such or other guidance as the secretary determines or appropriate to carry out the purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02000 CARDINAL fmt 6652 sfmt 6201 DATE payments shall be made the program established under subsection (a) with to any month DATE beginning after december 31 DATE , suspension of child tax credit during that monthly DATE child tax credit is in 24 DATE is amended by adding at the end the new subsection: coordination with monthly DATE child tax section shall not apply to (and no payment be made under subsection (k) with respect to) any year DATE beginning after december 31, 2022 DATE , and january 1 DATE , conforming section 26(b)(2) is amended by striking at the end of subparagraph (y), by striking period at the end of subparagraph (z) and and by adding at the end the new subparagraph: section 24a(g)(2 LAW ) (relating to of certain monthly DATE advance child follows: section 152(f)(6)(b)(ii) is amended to read 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02001 fmt 6652 sfmt 6201 the credits under sections 24 DATE , and 24b DATE and the payments under 7527a DATE and section 3402(f)(1)(c LAW ) is amended by section 24a LAW (determined after application of (g) after 24 DATE after application of subsection (j) section 6103(l)(13)(a)(v) is amended by section 24a LAW , as the case may after section 6211(b)(4)(a LAW ) is amended by by reason of subsection (d) after by reason of subsections (d) and (i)(1) section 6213(g)(2)(i) is amended by section 24a(e LAW ) (relating to monthly DATE child tax after 24(e EVENT ) (relating to child tax section 6213(g)(2)(l) is amended by after section 6213(g)(2)(p LAW ) is by inserting after and by inserting after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02002 DATE fmt 6652 CARDINAL sfmt 6201 by striking (g)(1) 24(g)(1) or section section 6695(g)(2) is amended by inserting after paragraph ( 2 CARDINAL ) of section 1324(b LAW ) of title united states GPE code, as amended by the provisions of this act, is by inserting after and by inserting after the table of sections for subpart a of part of subchapter a of chapter 1 LAW is amended by after the item relating to section 24 CARDINAL the new items: 24a DATE . monthly DATE child tax credit. 24b CARDINAL . credit for certain other the table of sections for chapter 77 LAW is by inserting after the item relating to 7527a DATE the following new item: 7527b DATE . monthly DATE payments of child tax effective in as otherwise in this subsection, the amendments made by section shall apply to taxable years DATE beginning december 31, 2022 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02003 fmt 6652 sfmt 6201 CARDINAL monthly DATE advance child amendments made by subsection (b) shall apply payments made for calendar months beginning december 31, 2022 DATE . 137104 DATE . refundable child tax credit after 2025 DATE . in 24 DATE , as amended by the provisions of this act, is amended by adding at end the following new subsection: refundable credit after the of any taxable year DATE beginning after december 31 DATE , if the taxpayer (in the case of a joint return, either has a principal place of abode in the united states GPE as provided in section 32 LAW ) for more than one- of the taxable year DATE or is a bona fide resident of puerto (within the meaning of section 937(a)) for such subsection (d) shall not apply, and the credit determined under subsection (a) application of paragraph ( 1 CARDINAL )) shall be allowed subpart c (and not allowed under this conforming amendments related to of the united puerto GPE 24(k)(2 CARDINAL ) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02004 fmt 6652 sfmt 6201 in subparagraph (b) (as amended by preceding provisions of this by inserting before january after 31 DATE , by inserting before and by adding at the end the following new application to taxable years DATE application of refundable to residents of puerto rico GPE for taxable after 2025 DATE , see subsection american 24(k)(3)(c)(ii), amended by the preceding provisions of this act, end, in subclause (i), by striking at in subclause by inserting before january after december 31 DATE , and by striking the period at the end inserting and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02005 fmt 6652 sfmt 6201 by adding at the end the following new if such taxable year DATE begins december 31, 2025 DATE , subsection shall be applied by substituting rico LAW or american NORP for effective amendments made by section shall apply to taxable years DATE beginning after 31, 2025 DATE . 137105. appropriations. upon the enactment of this act, in to amounts otherwise available, there are out of any money in the treasury ORG not otherwise $ 9,000,000,000 MONEY to remain available until 30, 2026 DATE , for necessary expenses for the revenue service to administer the child credit, and advance payments of the child tax including the costs of disbursing such which shall supplement and not supplant any appropriations that may be available for this and $ 1,000,000,000 MONEY is appropriated to the of the treasury, to remain available until 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02006 fmt 6652 CARDINAL sfmt 6201 30, 2026 DATE , to support efforts to increase of eligible families in the child tax for advance payments of the child tax credit, for other tax benefits, including but not limited program outreach, costs of data sharing systems changes, forms changes, and related and efforts by federal agencies to facilitate cross-enrollment of beneficiaries of other in the child tax credit, and for advance of the child tax credit, including by cooperative agreements states and local governments, tribal and possessions of the united states GPE : that such amount shall be available in to any amounts otherwise available: provided that these funds may be awarded by federal to state and local governments, tribal and possessions of the united states GPE , and entities, including organizations dedicated to tax return preparation. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02007 fmt 6652 sfmt 6201 and dependent care tax 137201 DATE . certain improvements to the child and care credit made credit refundable for taxpayers with place of abode in the united 21(g) is amended to read as follows; credit refundable for taxpayers with place of abode in the united the taxpayer (in the case of a joint return, either has a principal place of abode in the united states GPE as provided in section 32 LAW ) for more than one- of the taxable year, the credit allowed under (a) shall be treated as a credit allowed under c (and not allowed under this increase in dollar limit on amount 21(c) is by striking in paragraph ( 1 CARDINAL ) and and by striking in paragraph ( 2 CARDINAL ) and increase in applicable 21(a)(2) is by striking and inserting and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02008 fmt 6652 sfmt 6201 by striking and application of increased dollar to spouses who are students or incapable caring for 21(d)(2 DATE ) by striking not less and all that through the case and inserting not less of the dollar amount in effect under paragraph or ( 2 CARDINAL ) of subsection (c) (whichever is applicable to the for the taxable year). in the case inflation 21(e) by adding at the end the following new inflation in the case of any year DATE beginning after december 31 DATE , the $ 125,000 MONEY amount subsection the $ 8,000 MONEY amount in subsection (c)(1), the $ 16,000 MONEY amount in subsection (c)(2) each be increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the year DATE in which the taxable year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02009 DATE fmt 6652 CARDINAL sfmt 6201 determined by substituting for year DATE in (a)(ii) thereof. limitation based on adjusted any increase under subparagraph (a) of the dollar amount subsection is not a multiple of $ 5,000 MONEY , such shall be rounded to the nearest of $ 5,000 MONEY . dollar any determined under subparagraph of any dollar amount in subsection (c) not a multiple of $ 100 MONEY , such amount be rounded to the nearest multiple of application of phaseout to high income in 21(a)(2 DATE ) is amended striking and inserting phaseout 21(a) is by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02010 fmt 6652 CARDINAL sfmt 6201 CARDINAL phaseout purposes paragraph ( 2 CARDINAL ), the term 20 percent PERCENT reduced (but not below zero CARDINAL ) by percentage point for each $ 2,000 MONEY (or fraction by which the adjusted gross for the taxable year exceeds application of credit in 21(h) is in paragraph by striking and respect to taxable years DATE in or with calendar years DATE after 2020 DATE , the and by striking respect to taxable beginning in or with in paragraph by striking and respect to taxable years DATE in or with calendar years DATE after 2020 DATE , the and by striking respect to taxable beginning in or with and in paragraph ( 3 CARDINAL ), by striking or with and inserting december 31 DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02011 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137202 DATE . increase in exclusion for employer- dependent care assistance permanent. in 129(a)(2)(a DATE ) is amended striking and inserting such dollar inflation 129(e) is by adding at the end the following new inflation in the case of any year DATE beginning after december 31 DATE , $ 10,500 MONEY amount subsection shall be increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the year DATE in which the taxable year determined by substituting for year DATE in (a)(ii) thereof. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02012 DATE fmt 6652 sfmt 6201 any increase under subparagraph (a) is not a multiple $100 MONEY , such amount shall be rounded to the multiple of conforming 129(a)(2 CARDINAL ) amended by striking subparagraph (d). effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . retroactive plan plan that satisfies all applicable requirements of sections and 129 CARDINAL of the internal revenue code of 1986 DATE any rules or regulations thereunder) shall not fail be treated as a cafeteria plan or dependent care program merely because such plan is amended to a provision under this subsection and such is retroactive, such amendment is adopted no later than last day DATE of the plan year DATE in which the is effective, and the plan is operated consistent with the of such amendment during the period on the effective date of the amendment and on the date the amendment is adopted. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02013 fmt 6652 CARDINAL sfmt 6201 CARDINAL caregivers 137301 DATE . payroll tax credit for child care in d of chapter 21 LAW is by adding at the end the following: 3135 CARDINAL . payroll credit for certain wages paid child care workers. in the case of an eligible child employer, there shall be allowed as a credit against employment taxes for each calendar quarter an equal to 50 percent PERCENT of the qualified child care paid with respect to each eligible employee of such for such calendar quarter. limitations and limitation on wages taken into amount of qualified child care wages respect to any eligible employee which may be into account under subsection (a) by the child care employer for any calendar quarter DATE not exceed $ 2,500 MONEY . credit limited to certain credit allowed by subsection (a) respect to any calendar quarter DATE shall not exceed applicable employment taxes (reduced by any allowed under sections 3131 DATE , 3132 DATE , 3134 DATE , 6432 DATE ) on the wages paid with respect to the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02014 fmt 6652 sfmt 6201 CARDINAL of all the employees of the eligible child employer for such calendar quarter. refundability of excess credit is the of the credit under subsection (a) the limitation of paragraph ( 2 CARDINAL ) for any quarter DATE , such excess shall be treated an overpayment that shall be refunded under 6402(a) and 6413(b). advancing anticipation the credit, including the refundable portion subparagraph (a), the credit shall be according to forms and instructions by the secretary, up to an amount under subsection (a), subject to the under paragraph ( 1 CARDINAL ), all calculated through end of the most recent payroll period in the eligible child care of this section, the term child care any employer which operates one CARDINAL or more qualified care facilities. qualified child care of this section, the term child care any facility which is certified as an hhs 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02015 fmt 6652 CARDINAL sfmt 6201 child care provider by the secretary of health and services under section 418a(c) of the social act. eligible purposes of this the term means, with respect any eligible child care employer for any calendar any employee of such employer the aggregate wages paid to such employee such quarter do not exceed 25 percent PERCENT of the amount in effect for such quarter DATE under section (relating to highly compensated and the aggregate wages paid to such employee the 1-year DATE period ending with the close of such do not exceed 100 percent PERCENT of such dollar this qualified child care purposes in term child means, with respect to any eligible for any calendar quarter DATE , so much of the child wages paid by the eligible child care employer such employee during such quarter DATE as are paid at rate in excess of the applicable minimum rate. term shall not include any wages paid by an 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02016 fmt 6652 CARDINAL sfmt 6201 CARDINAL child care employer during any period during the certification described in subsection (d) is in effect. applicable minimum term minimum means, with respect to paid to any eligible employee, the rate of basic which is payable for gs-3, step 1 CARDINAL of the general under subchapter iii of chapter 53 LAW of title united states code (including any applicable comparability payment under section of such title, or similar authority) at the time wages are paid and determined with respect to locality in which the services are provided. child care term means wages paid for the services of the to provide child care at a qualified child facility or to provide support services for such facility. term care not include any wages taken into account section 41, 45a, 45p, DATE 45r DATE , 51, 1396 DATE , 3131 DATE , 3134 DATE , or 6432 DATE . other definitions and special purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02017 fmt 6652 sfmt 6201 applicable employment employment means the the taxes imposed under section so much of the taxes imposed under 3221(a) as are attributable to the rate effect under section 3111(b LAW ). in term wages (as defined in section 3121(a)), without regard to paragraphs ( 1 CARDINAL ) ( 22 CARDINAL ) of section 3121(b)) and (as defined in section 3231(e LAW ), determined regard to the sentence in paragraph ( 1 CARDINAL ) which begins term does not allowance for certain health in term shall amounts paid by the eligible child employer to provide and maintain a health plan (as defined in section but only to the extent that amounts are excluded from the gross 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02018 fmt 6652 CARDINAL sfmt 6201 CARDINAL of employees by reason of section allocation of this section, amounts treated as under clause (i) shall be treated as with respect to any eligible employee with respect to any period) to the that such amounts are properly to such employee (and to such in such manner as the secretary may except as otherwise provided by secretary, such allocation shall be as properly made if made on the of being pro rata among periods of other term used in this which is also used in this chapter or chapter shall have the same meaning as when used in chapter. denial of double of chapter 1 LAW , the gross income of the for the taxable year which includes the last of any calendar quarter with respect to which a is allowed under this section, shall be by the amount of such credit. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02019 DATE fmt 6652 CARDINAL sfmt 6201 election to not take certain wages section shall not apply to so of the qualified child care wages paid by an child care employer as such employer elects such time and in such manner as the secretary prescribe) to not take into account for purposes this section. certain governmental credit shall be allowed under this section to the of the united states GPE or to any agency instrumentality thereof. the preceding sentence not apply to any organization described in 501(c)(1 DATE ) and exempt from tax under section coordination with certain in section shall not to so much of the qualified child care paid by an eligible child care employer as taken into account as payroll costs in a covered under section or 7a CARDINAL of the small business act, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02020 DATE fmt 6652 CARDINAL sfmt 6201 a grant under section 324 LAW of the aid to hard-hit small non-profits, and venues act, or a restaurant revitalization grant section 5003 CARDINAL of the american NORP plan act of 2021 DATE . application where ppp loans secretary shall providing that payroll costs paid the covered period shall not fail to be as qualified child care wages under this by reason of subparagraph (a)(i) to the a covered loan of the taxpayer section 7(a)(37) of the small act is not forgiven by reason of a under section 7(a)(37)(j) of such or a covered loan of the taxpayer section 7a CARDINAL of the small business is not forgiven by reason of a decision section 7a(g LAW ) of such act. used in the preceding sentence which are used in section 7a(g) or 7(a)(37)(j CARDINAL ) of the business act shall, when applied in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02021 fmt 6652 sfmt 6201 with either such section, have the same as when used in such section, aggregation persons treated a single employer under subsection (a) or (b) of 52 CARDINAL , or subsection (m) or (o) of section 414 LAW , be treated as one CARDINAL employer for purposes of this third ORDINAL party credit under this section shall be treated as a credit in section 3511(d)(2 LAW ). inflation the case of taxable year DATE beginning after december 31 DATE , the $ 2,500 MONEY amount in subsection (b)(1) shall increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the calendar in which the taxable year DATE begins, by substituting year DATE for year DATE in subparagraph (a)(ii) any amount as adjusted under the preceding is not a multiple of $ 100 MONEY , such amount shall rounded to the nearest multiple of $ 100 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02022 fmt 6652 CARDINAL sfmt 6201 DATE secretary shall prescribe regulations or other guidance as may be necessary carry out the purposes of this section, regulations or other guidance to prevent avoidance of the purposes of the limitations this section, regulations or other guidance to minimize and record-keeping burdens under this regulations or other guidance providing for of penalties for failure to deposit amounts in of the allowance of the credit allowed this section, regulations or other guidance for the benefit of credits determined under this in cases where there is a subsequent to the credit determined under subsection (a), regulations or other guidance to permit the of the credit determined under (a), and regulations or other guidance for applying (f) with respect to eligible employees not at a single rate of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02023 fmt 6652 sfmt 6201 DATE ( 2 CARDINAL ) of section 1324(b LAW ) of 31 CARDINAL , united states code, is amended by inserting after clerical table of sections subchapter d of chapter 21 LAW is amended by adding at end the following: 3135 CARDINAL . payroll credit for certain wages paid to child care effective amendments made by section shall apply to calendar quarters beginning december 31, 2021. DATE 137302 DATE . credit for caregiver expenses. in a of part iv of a of chapter 1 LAW is amended by inserting after 25d DATE the following new section: 25e CARDINAL . credit for caregiver expenses. allowance of the case of an for whom there are 1 CARDINAL or more qualified care there shall be allowed as a credit against the tax by this chapter for the taxable year an amount to 50 percent PERCENT of the qualified expenses paid or by such individual during the taxable year (and not for by insurance or otherwise). qualified care purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02024 fmt 6652 sfmt 6201 in term care means, with respect to any taxable year, any is the spouse of the taxpayer, or any person who bears a relationship to the described in any of subparagraphs (a) (h) of section 152(d)(2 LAW ), has been certified, before the due for filing the return of tax for the taxable by a licensed health care practitioner (as in section 7702b(c)(4)) as being an with long-term care needs (as defined paragraph ( 3 CARDINAL )) for a which is expected to be at least consecutive days DATE , and a portion of which occurs within taxable year DATE , and resides in a personal residence and an institutional care facility. period for making paragraph (1)(b), a certification not be treated as valid unless it is made within 18-month DATE period ending on such due date (or other period as the secretary prescribes). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02025 fmt 6652 CARDINAL sfmt 6201 CARDINAL individuals with long-term care purposes of this subsection, the term with long-term care means any who meets the requirements of any of the subparagraphs: the individual is at least 6 years DATE of is unable to perform (without assistance from another at least 2 CARDINAL activities of daily DATE living defined in section 7702b(c)(2)(b LAW )) due a loss of functional capacity, or requires substantial supervision protect such individual from threats to and safety due to severe cognitive and is unable to perform, reminding or cuing assistance, at least activity of daily DATE living (as so defined) or, the extent provided in regulations by the secretary (in consultation the secretary of health and human is unable to engage in age activities. the individual is at least 2 CARDINAL but not years of age and is unable, due to a loss of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02026 fmt 6652 sfmt 6201 CARDINAL capacity, to perform (without assistance from another individual) at 2 CARDINAL of the following activities: eating. transferring. mobility. the individual is under 2 years of age DATE requires specific durable medical equipment reason of a severe health condition or a skilled practitioner trained to address condition to be available if the parents or guardians are absent. institutional care of paragraph ( 1)(c CARDINAL ), an institutional care (including two CARDINAL or more places, establishments, institutions owned by the same legal entity) any congregate, protected living residential that provides or coordinates personal health care services, including assistance with the of daily DATE living and social care, for two CARDINAL or adults who are aged, infirm, or disabled qualified purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02027 fmt 6652 CARDINAL sfmt 6201 in term means expenses for goods, services, and described in paragraph ( 2 CARDINAL ) assist a qualified care recipient with activities of daily DATE living (as in section 7702b(c)(2)(b LAW )) and activities of daily DATE living (as defined in 1915(k)(6)(f DATE ) of the social security and are provided solely for use by such care recipient. items goods, services, supports described in this paragraph human assistance, supervision, cuing, standby assistance, health maintenance tasks (such as management), respite care, assistive technologies and devices remote health monitoring), accessibility modifications of the care residence, counseling, support groups, or relating to caring for a qualified care and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02028 DATE fmt 6652 CARDINAL sfmt 6201 any other items which directly relate the health and safety of a qualified care as determined by the secretary after with the secretary of health and services. dollar amount taken account as qualified expenses for any taxable shall not exceed $ 4,000 MONEY . denial of double into account for purposes of section 21 LAW , 129 CARDINAL , or 223(f), or such other circumstances as may provided by the secretary, shall not be taken into as qualified expenses. documentation shall not be treated as a qualified expense the taxpayer substantiates such expense under regulations or guidance as the secretary shall credit 50 percent PERCENT rate under (a) shall be reduced by 1 CARDINAL percentage point for $ 2,500 MONEY or fraction thereof by which the gross income exceeds $ 75,000 MONEY . special purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02029 fmt 6652 CARDINAL sfmt 6201 CARDINAL payments to related similar to the rules of section 21(e)(6) shall in licensed health practitioner making the certification for of subsection shall not be related (within the of section 51(i)(1 LAW )) to the or the qualified care recipient, or a conflict of interest (as determined regulations provided by the with respect to the taxpayer or the care recipient, shall be licensed and eligible applicable state law to certify in performing activities of daily DATE and shall be a participant in the program, pursuant to sections and 1932(d)(6) of the social act, or the state insurance program under section of such act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02030 fmt 6652 CARDINAL sfmt 6201 CARDINAL identification in credit shall be with respect to any qualified care unless the taxpayer includes the and specified provider identification of such licensed health care on the return of tax for the taxable specified provider term identification means a national provider identifier as in section 1173 LAW of the social act. individual may not be claimed by than 1 CARDINAL individual shall be as a qualified care recipient with respect to 1 CARDINAL taxpayer, as determined by the secretary, for taxable year DATE . shall be allowed with respect to any qualified recipient unless the taxpayer includes the name taxpayer identification number of the qualified recipient on the return of tax for the taxable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02031 fmt 6652 CARDINAL sfmt 6201 credit shall be allowed this section for any taxable year DATE beginning after 31 DATE , math error 6213(g)(2 CARDINAL ), amended by the preceding provisions of this act, is by striking at the end of subparagraph by striking the period at the end of subparagraph and inserting and by inserting after (u) the following new subparagraph: an omission of a correct tin under section 25e(e)(4 LAW ) or a correct provider number under section clerical table of sections subpart a of part iv of subchapter a of chapter 1 LAW amended by inserting after the item relating to section the following new item: 25e CARDINAL . credit for caregiver effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . income tax credit 137401 DATE . certain improvements to the earned tax credit made permanent. decrease in minimum age 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02032 fmt 6652 sfmt 6201 in 32(c)(1)(a)(ii)(ii) is by striking and inserting minimum applicable minimum 32(c) amended by adding at the end the following new applicable minimum in term except as otherwise provided in subparagraph, age 19 DATE , in the case of a specified student than a qualified former foster youth a qualified homeless youth), age 24 DATE , and in the case of a qualified former youth or a qualified homeless youth, 18 CARDINAL . specified purposes this paragraph, the term with respect to any taxable year, an who is an eligible student (as defined section 25a(b)(3)) during at least 5 CARDINAL calendar during the taxable year. purposes of this paragraph, the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02033 fmt 6652 CARDINAL sfmt 6201 DATE former foster means an on or after the date that such attained age 14 DATE , was in foster care under the supervision or of an entity administering (or to administer) a plan under part b or e of title iv of the social security (without regard to whether federal was provided with respect to such under such part e), and provides (in such manner as the may provide) consent for entities administer a plan under part b or e of title iv of the social security to disclose to the secretary related to the status of such individual a qualified former foster youth. qualified homeless of this paragraph, the term means, with respect to any year DATE , an individual who certifies, in a as provided by the secretary, that such is either an unaccompanied youth who a homeless child or youth, or is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02034 fmt 6652 sfmt 6201 at risk of homelessness, and elimination of maximum age for 32(c)(1)(a)(ii)(ii) is amended by striking attained age increase in credit and phaseout table contained in section 32(b)(1 LAW ) is by striking each place it appears therein and increase in earned income and phaseout in table contained in 32(b)(2)(a) is by striking and inserting and by striking and inserting application of inflation 32(j)(1 DATE ) is by striking in the case of the amount in subsection and in the case of the $ 9,820 MONEY and amounts in subsection (b)(2)(a) and $ 10,000 MONEY amount in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02035 fmt 6652 CARDINAL sfmt 6201 in subparagraph (b)(i), by inserting $9,820 $ MONEY 11,610 MONEY after and in subparagraph (b)(iii), by inserting $ 9,820 MONEY and $ 11,610 MONEY amounts in (b)(2)(a) before $ 10,000 MONEY in subsection section 32 CARDINAL , as amended by subsection (f), is by adding at the end the following new election to determine earned income on prior taxable in the case of a taxpayer earned income for any taxable year DATE is less the earned income of such taxpayer for the taxable year, if such taxpayer elects (at such and in such manner as the secretary may the application of this subsection for such year DATE , the earned income of such taxpayer for taxable year DATE shall be treated for purposes of section as being equal to the earned income of taxpayer for such preceding taxable year DATE . joint purposes of this in the case of a joint return, the earned of the taxpayer for the preceding taxable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02036 fmt 6652 sfmt 6201 CARDINAL shall be the sum of the earned income of each for the preceding taxable year DATE . treatment as mathematical or the case of a taxpayer described in (1) who makes the election described in paragraph, the use on the return for purposes this section of an amount of earned income for preceding taxable year DATE which differs from the of such earned income as shown in the files of the internal revenue service shall be as a mathematical or clerical error for of section 6213 LAW . treatment of of this title which defines or determines income by reference to this section shall be without regard to this subsection unless such specifically provides repeal of temporary is amended by striking subsection (n). effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02037 fmt 6652 CARDINAL sfmt 6201 137402 DATE . funds for administration of earned tax credits in the territories. puerto 7530(a)(1) is amended striking at the end of subparagraph (a), by the period at the end of subparagraph (b) and and by adding at the end the following subparagraph: reasonable administrative costs with the provision of the earned income credit not in excess of possessions with mirror code tax 7530(b)(1 CARDINAL ) is amended by striking the end of subparagraph (a), by striking the period the end of subparagraph (b) and inserting by adding at the end the following new subparagraph: reasonable administrative costs with the provision of the earned income credit not in excess of american 7530(c)(1) by striking at the end of subparagraph by striking the period at the end of subparagraph and inserting and by adding at the end the new subparagraph: reasonable administrative costs with the provision of the earned income credit not in excess of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02038 fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to payments made for calendar beginning after december 31, 2021 DATE . access to health and lowering costs 137501 DATE . improve affordability and reduce costs of health insurance for increase in applicable percentage made 36b(b)(3)(a CARDINAL ) is amended to read follows: applicable percentage for any taxable year DATE shall be percentage such that the applicable for any taxpayer whose household income is an income tier specified in the following shall increase, on a sliding scale in a manner, from the initial premium to the final premium percentage specified in table for such income tier: the case of household (expressed as percent of poverty line) the following income tier: initial final to 150.0 percent percent PERCENT up to 200.0 percent PERCENT percent up to 250.0 percent percent PERCENT up to 300.0 percent percent PERCENT up to 400.0 percent percent PERCENT and higher 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02039 fmt 6652 CARDINAL sfmt 6201 credit allowed to taxpayers whose income exceeds 400 percent PERCENT of the in 36b(c)(1)(a DATE ) by striking does not exceed 400 CARDINAL is amended by striking subparagraph (e). effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137502 DATE . modification of employer-sponsored affordability test in health premium tax credit. in 36b(c)(2)(c) is in clause (i)(ii), by striking inserting and by striking clause (iv). qualified small employer health 36b(c)(4) in subparagraph (c)(ii), by striking and inserting and by striking subparagraph (f). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02040 CARDINAL fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137503 DATE . treatment of lump-sum social security in determining household in 36b(d)(2 CARDINAL ) is amended by at the end the following new subparagraph: exclusion of portion of lump- social security in term adjusted gross shall not so much of any lump-sum social benefit payment as is attributable to ending before the beginning of the year DATE . lump-sum social security purposes of this the term social benefit means any of social security benefits (as defined section 86(d)(1 LAW )) which constitutes more 1 month DATE of such benefits. election to include respect to any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02041 DATE fmt 6652 sfmt 6201 year DATE beginning on or after the date (as defined in subsection a taxpayer may elect (at such time in such manner as the secretary may to have this subparagraph not for such taxable effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137504 DATE . temporary expansion of health premium tax credits for certain populations. in 36b DATE is amended by subsection (h) as subsection (i) and by inserting subsection (g) the following new subsection: certain temporary rules beginning in in respect to any taxable beginning after december 31, 2021 DATE , and before termination eligibility for credit not shall be disregarded in whether a taxpayer is an applicable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02042 fmt 6652 CARDINAL sfmt 6201 credit allowed to certain low- employees offered (ii) of (c)(2)(c)(i) shall not apply if the household income does not exceed 138 CARDINAL of the poverty line for a family of the subclause (ii) of subsection shall also not apply to an individual in the last sentence of such subsection the household income does not 138 percent PERCENT of the poverty line for a of the size involved. credit allowed to certain low- qualified employer health reimbursement qualified small employer reimbursement arrangement shall not be as constituting affordable coverage for employee (or any spouse or dependent of employee) for any months DATE of a taxable if the household income for taxable year does not exceed 138 percent PERCENT the poverty line for a family of the size limitations on 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02043 fmt 6652 CARDINAL sfmt 6201 in the case of a whose household income is less 200 percent PERCENT of the poverty line for size of the family involved for the year DATE , the amount of the increase subsection (f)(2)(a) shall no exceed $ 300 MONEY ( one-half CARDINAL of such in the case of a taxpayer whose is determined under section 1(c LAW ) for taxable year). limitation on increase for the case of any who would not be required to file return of tax for the taxable year DATE but for requirement to reconcile advance payments under subsection (f), if an established under title i of the protection and affordable care act determined such taxpayer is eligible for payments under section 1412 DATE such act for any portion of such year DATE , and such household for such taxable year DATE is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02044 fmt 6652 CARDINAL sfmt 6201 to not exceed 138 percent PERCENT of poverty line for a family of the involved, (f)(2)(a) shall not apply to such for such taxable year DATE and such shall not be required to file such of tax. information provided by information required to be by an exchange to the secretary to the taxpayer under subsection (f)(3) include such information as is to determine whether such has made the determinations in subclauses (i) and (ii) of clause with respect to such taxpayer. termination purposes of subsection, the term means later january 1, 2025 DATE , or the date on which the secretary of and human services makes a written to the secretary that the secretary health and human services has fully the program described in section 1948 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02045 fmt 6652 sfmt 6201 the social security act (relating to federal program to close coverage gap in employer shared responsibility provision applicable with respect to certain taxpayers receiving premium 4980h(c)(3) is amended to read as follows: applicable premium tax credit and in term tax credit and cost-sharing any premium tax credit allowed section 36b DATE , any cost-sharing reduction under 1402 DATE of the patient protection and care act, and any advance payment of such or reduction under section 1412 LAW of act. exception with respect to low-income term not include any premium tax credit, cost- reduction, or advance payment described in subparagraph (a) if such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02046 fmt 6652 CARDINAL sfmt 6201 CARDINAL reduction, or payment is allowed or paid a taxable year DATE of an employee (beginning december 31, 2021 DATE , and before the date, as defined in section 36b(h)(2 LAW )) respect to an exchange established under i of the patient protection and care act has determined that household income for such year DATE is projected to not exceed 138 CARDINAL of the poverty line for a family of size involved, or such household for such taxable year DATE does not exceed percent of the poverty line for a family the size effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137505 DATE . ensuring affordability of coverage certain low-income populations. reducing cost sharing under qualified 1402 DATE of the patient protection affordable care act ( 42 u.s.c QUANTITY . 18071) is in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02047 DATE fmt 6652 CARDINAL sfmt 6201 in paragraph ( 2 CARDINAL ), by inserting respect to plan years 2023 and 2024 DATE , household income does not exceed 400 CARDINAL of the poverty line for a family of the before the period; and in the matter following paragraph ( 2 CARDINAL ), adding at the end the following new the case of an individual with a income of less than 138 percent PERCENT of poverty line for a family of the size involved any month occurring during the period on january 1, 2022, and ending on 31, 2022 DATE , such individual shall, for such and for each succeeding month DATE during period, be treated as having household equal to 100 percent PERCENT for purposes of this and in subsection in paragraph (1)(a), in the matter clause (i), by inserting with respect eligible insureds (other than, with respect to years 2023 and 2024 DATE , specified enrollees defined in paragraph after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02048 fmt 6652 sfmt 6201 in paragraph ( 2 CARDINAL ), in the matter subparagraph (a), by inserting to eligible insureds (other than, with to plan years 2023 and 2024 DATE , specified after the in paragraph in subparagraph (a), by striking and inserting or and in subparagraph (b), by striking and inserting and and by adding at the end the following new special rule for specified in secretary shall procedures under which the issuer of qualified health plan to which this section shall reduce cost-sharing under the plan respect to months DATE occurring during plan 2023 DATE and 2024 DATE for enrollees who are enrollees (as defined in subparagraph in a manner sufficient to increase the share of the total allowed costs of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02049 fmt 6652 sfmt 6201 provided under the plan to 99 percent PERCENT of costs. methods for reducing cost in issuer of a health plan making reductions this paragraph shall notify the of such reductions and the shall, out of funds made available clause (ii), make periodic and timely to the issuer equal to 12 percent PERCENT the total allowed costs of benefits under each such plan to specified during plan years 2023 and 2024 DATE . are out of any monies in the not otherwise appropriated, such sums may be necessary to the secretary for of making payments under clause specified enrollee purposes of this section, the term means, with respect to a month during a plan year DATE , an eligible insured with household income of less than 138 percent PERCENT of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02050 fmt 6652 sfmt 6201 poverty line for a family of the size involved such month DATE . such shall be to be a specified enrollee for each month DATE in such plan open enrollments applicable to certain 1311(c) of the protection and affordable care act ( 42 u.s.c QUANTITY . is in paragraph in subparagraph (c), by striking at the in subparagraph (d), by striking the at the end and inserting and by adding at the end the following new with respect to a qualified health plan respect to which section 1402 DATE applies, for occurring during the period beginning january 1, 2022 DATE , and ending on december 2024 DATE , enrollment periods described in (a) of paragraph ( 8) CARDINAL for individuals in subparagraph (b) of such and by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02051 fmt 6652 CARDINAL sfmt 6201 DATE special enrollment period for low-income in enrollment period in this paragraph is, in the case of an described in subparagraph (b), the period beginning on the first ORDINAL day such individual is so described. individual of subparagraph (a), an individual in this subparagraph is an with a household income of less 138 percent PERCENT of the poverty line for a of the size involved; and who is not eligible for minimum coverage (as defined in section of the internal revenue code of other than for coverage described in of subparagraphs (b) through (e) of ( 1 CARDINAL ) of such additional benefits for certain individuals for plan year of the patient protection and affordable care act u.s.c. 18021(a)) is in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02052 DATE fmt 6652 CARDINAL sfmt 6201 at the end; subparagraph (b), by striking in subparagraph (c)(iv), by striking period and inserting and by adding at the end the following new provides, with respect to a plan in the silver level of coverage to which 1402 DATE applies during plan year 2024 DATE , for described in paragraph ( 5 CARDINAL ) in the case an individual who, for a month DATE during such year DATE , has a household income of less than percent PERCENT of the poverty line for a family of size involved, and who is eligible to receive reductions under section by adding at the end the following new additional benefits for certain individuals for plan year in purposes of (1)(d), the benefits described in this to be provided by a qualified health are benefits consisting of non-emergency transportation services and services 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02053 fmt 6652 sfmt 6201 in subsection ( a)(4)(c CARDINAL ) of section 1905 LAW the social security act, without any on the choice of a qualified provider from such an individual so enrolled in such may receive such services described in such and without any imposition of cost which are not otherwise provided under plan as part of the essential health package described in section 1302(a LAW ). payments for additional in issuer of a health plan making payments for described in subparagraph (a) to individuals described in (1)(d) during plan year 2024 CARDINAL shall the secretary of such payments and secretary shall, out of funds made under clause (ii), make periodic timely payments to the issuer equal to for such services so furnished. is out of any monies in the not otherwise appropriated, such sums may be necessary to the secretary for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02054 fmt 6652 sfmt 6201 CARDINAL of making payments under clause education and outreach in 1321(c DATE ) of the protection and affordable care act (42 u.s.c. is amended by adding at the end the new paragraph: outreach and educational in the case of an established or operated by the secretary a state pursuant to this subsection, the shall carry out outreach and activities for purposes of informing of the social security who reside in states that have not amounts under a state plan (or waiver such plan) under title xix of such act for such individuals about qualified health plans through the exchange, including by such individuals of the availability of under such plans and financial for coverage under such plans. such and educational activities shall be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02055 fmt 6652 CARDINAL sfmt 6201 in a manner that is culturally and appropriate to the needs of the being served by the exchange (including populations, such as racial and minorities, english NORP proficient individuals residing in areas where unemployment rates exceeds the national unemployment rate, individuals in rural veterans, and young adults). limitation on use of appropriated under this paragraph shall used for expenditures for promoting non- compliant health insurance coverage. non-aca compliant health purposes of (b): the term compliant insurance means health coverage, or a group health plan, is not a qualified health plan. such term includes the following: an association health plan. short-term limited duration 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02056 fmt 6652 CARDINAL sfmt 6201 are appropriated, of any monies in the treasury ORG not appropriated, $ 15,000,000 MONEY for fiscal year DATE and $ 30,000,000 MONEY for each of fiscal years and 2024 DATE , to carry out this paragraph. appropriated under this subparagraph remain available until navigator 1311(i)(6 CARDINAL ) the patient protection and affordable care act u.s.c. 18031(i)(6)) is and inserting state by adding at the end the following new federal of carrying out this subsection, with to an exchange established and operated the secretary within a state pursuant to 1321(c DATE ), the secretary shall obligate out of amounts collected through user fees on participating health insurance pursuant to section 156.50 LAW of title 45 DATE , of federal regulations (or any successor 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02057 fmt 6652 CARDINAL sfmt 6201 2022 DATE , for each of fiscal years 2023 DATE and such amount so obligated for a fiscal shall remain available until 137506 DATE . establishing a health insurance fund. in d of title i of the patient and affordable care act is amended by after part 5 CARDINAL ( 42 u.s.c QUANTITY . 18061 et seq.) the following part: health insurance fund 1351 DATE . establishment of program. is hereby established the health affordability to be administered by the of health and human services, acting through the of the centers for medicare & medicaid ORG (in this section referred to as the to provide funding, in accordance with this part, the 50 CARDINAL states and the district of columbia (each to in this section as a beginning on january 2023 DATE , for the purposes described in section 1352 LAW . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02058 fmt 6652 sfmt 6201 1352 DATE . use of funds. in state shall use the funds to the state under this part for one CARDINAL of the following to provide reinsurance payments to health issuers with respect to individuals enrolled individual health insurance coverage (other through a plan described in subsection (b)) by such issuers. to provide assistance (other than through described in paragraph ( 1 CARDINAL )) to reduce out- costs, such as copayments, coinsurance, and deductibles, of individuals enrolled qualified health plans offered on the market through an exchange and of enrolled under standard health plans offered a basic health program established under 1331 DATE . exclusion of certain grandfathered transitional plans, student health and excepted purposes of (a), a plan described in this subsection is the 1251 DATE ). a grandfathered health plan (as defined in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02059 fmt 6652 CARDINAL sfmt 6201 a plan (commonly referred to as a continued under the letter issued by the for medicare & medicaid ORG services on 14, 2013 DATE , to the state insurance outlining a transitional policy for coverage in individual and small group markets to which 1251 DATE does not apply, and under the extension the transitional policy for such coverage set forth the insurance standards bulletin series guidance by the centers for medicare & medicaid ORG on march 5, 2014 DATE , february 29, 2016 DATE , 13, 2017 DATE , april 9, 2018, DATE march 25, 2019, DATE 31 DATE , 2020 DATE , and january 19, 2021 DATE , or under subsequent extensions thereof. student health insurance coverage (as in section 147.145 LAW of title 45 DATE , code of federal or any successor regulation). excepted benefits (as defined in section of the public health service act). 1353 DATE . state eligibility and approval; default encouraging state options for in to subsection (b), be eligible for an allocation of funds under this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02060 CARDINAL fmt 6652 sfmt 6201 DATE for a year DATE (beginning with 2023 DATE ), a state shall to the administrator an application at such (but, in the case of allocations for 2023 DATE , not than 120 days DATE after the date of the enactment this part and, in the case of allocations for a year DATE , not later than january 1 of the year DATE ) and in such form and manner as by the administrator a description of how the funds will be and may require. such other information as the automatic application so is approved (as outlined in the terms of plan) unless the administrator notifies the state the application, not later than 90 days DATE the date of the submission of such application, the application has been denied for not being in with any requirement of this part and of reason for such denial. 5-year DATE application an of a state is approved for a purpose in section 1352 DATE for a year, such application be treated as approved for such purpose for of the subsequent 4 years DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02061 fmt 6652 CARDINAL sfmt 6201 CARDINAL oversight authority and authority revoke secretary may periodic reviews of the use of funds to a state under this section, with to a purpose described in section 1352 LAW , to the state uses such funds for such and otherwise complies with the of this section. revocation of of an application of a state, with to a purpose described in section 1352 LAW , be revoked if the state fails to use funds to the state under this section for purpose or otherwise fails to comply with requirements of this section. default federal safeguard for 2023 DATE and for certain in 2023 DATE and 2024 DATE , in the of a state described in paragraph ( 5 CARDINAL ), with to such year, the state shall not be eligible to an application under subsection (a), and the in consultation with the applicable authority, shall from the amount calculated paragraph ( 3 CARDINAL ) for such year DATE , carry out the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02062 fmt 6652 sfmt 6201 described in paragraph ( 2 CARDINAL ) in such state for year DATE . specified amount described paragraph ( 3 CARDINAL ), with respect to a state described paragraph ( 5 CARDINAL ) for 2023 or 2024 DATE , shall be used to out purpose described in such state for such year DATE , as by providing reinsurance payments to health issuers with respect to attachment range (as defined in section 1354(b)(2 LAW ), using the amounts specified in subparagraph (b) of section for such year DATE ) in an amount equal to, to paragraph ( 4 CARDINAL ), the percentage (specified such year DATE by the secretary under such of the amount of such claims. amount amount in this paragraph, with respect to 2023 CARDINAL or is the amount equal to the total sum of that the secretary would otherwise under section 1354(b)(2)(a)(i CARDINAL ) for such year DATE each state described in paragraph ( 5 CARDINAL ) for such as applicable, if each such state were not so for such year DATE . purposes of this the secretary may apply a percentage under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02063 DATE fmt 6652 CARDINAL sfmt 6201 ( 3 CARDINAL ) with respect to a year DATE that is less the percentage otherwise specified in section for such year DATE , if the cost of paying total eligible attachment range claims for states in paragraph ( 5 CARDINAL ) for such year DATE at such otherwise specified would exceed the calculated under paragraph ( 3 CARDINAL ) for such state state described in paragraph, with respect to years 2023 DATE and is a state that, as of january 1 of 2022 DATE or respectively, was not expending amounts the state plan (or waiver of such plan) for all during such year DATE . 1354 DATE . allocations. the purpose of providing for states under subsection (b) and payments section 1353(b) there is appropriated, out of any the treasury ORG not otherwise appropriated, for 2023 DATE and each subsequent year. in amounts under subsection (a) for a year DATE , the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02064 fmt 6652 CARDINAL sfmt 6201 CARDINAL shall, with respect to a state not in section 1353(b LAW ) for such year DATE and later than the date specified under (b) for such year DATE , allocate for such state amount determined for such state and year paragraph ( 2 CARDINAL ). specified purposes of (a), the date specified in this for 2023 DATE , the date that is 90 days DATE the date of the enactment of this and for 2024 DATE or a subsequent year DATE , 1 CARDINAL of the previous year DATE . 2024 DATE and each subsequent the secretary shall notify each state of amount determined for such state under ( 2 CARDINAL ) for such year DATE by not later than 1 of the previous year DATE . in purposes of ( 1 CARDINAL ), the amount determined under this for a year DATE for a state described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02065 fmt 6652 sfmt 6201 DATE (1)(a) for such year DATE is the amount the amount that the secretary would be expended under this part such year on attachment range claims individuals residing in such state if such used such funds only for the purpose paragraph ( 1 CARDINAL ) of section at the dollar amounts and specified under subparagraph (b) such year DATE ; minus the amount, if any, by which the the estimated amount of tax credits under section of the internal revenue code of that would be attributable to residing in such state for year DATE without application of this exceeds the estimated amount of tax credits under section of the internal revenue code of that would be attributable to residing in such state for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02066 fmt 6652 CARDINAL sfmt 6201 year DATE if section 1353(b) applied such year and applied with respect such state for such year DATE . purposes of the previous sentence and 1353(b)(3 CARDINAL ), the term range means, with respect to an individual, the for such individual that exceed a dollar specified by the secretary for a year DATE , do not exceed a ceiling dollar amount by the secretary for such year DATE , under (b). purposes of (a) and section 1353(b)(3 LAW ), the shall determine the dollar amounts the percentage to be specified under this for a year DATE in a manner to ensure the total amount of expenditures under part for such year DATE is estimated to equal the amount appropriated for such year DATE under (a) if such expenditures were used for the purpose described in paragraph of section 1352(a) for attachment range at the dollar amounts and percentage so for such year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02067 CARDINAL fmt 6652 sfmt 6201 allocated to a under this subsection for a year shall remain through the end of the subsequent basic health program funding 1331 DATE of the patient protection and care act ( 42 u.s.c QUANTITY . 18051 DATE ) is in subsection (a), by adding at the end the new paragraph: provision of information on health plan in plan years DATE on or after january 1, 2023 DATE , the program in paragraph ( 1 CARDINAL ) shall provide that a may not establish a basic health program such state furnishes to the secretary, respect to each qualified health plan in such state during a year DATE that receives reinsurance payment from funds made under part 6 CARDINAL for such year, the premium amount (as defined in (b)) for each such plan and year. adjusted premium amount purposes of subparagraph (a), the premium means, with to a qualified health plan and a year DATE , 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02068 fmt 6652 CARDINAL sfmt 6201 CARDINAL monthly DATE premium for such plan and year would have applied had such plan not any payments described in subparagraph for such and in subsection (d)(3)(a)(ii), by adding at the the following new sentence: making such the secretary shall calculate the value such premium tax credits that would have been to such individuals enrolled through a basic program established by a state during a year DATE the adjusted premium amounts (as defined in (a)(3)(b)) for qualified health plans in such state during such 137507 DATE . special rule for individuals receiving compensation. 36b(g)(1) is amended by and inserting december 2020 DATE , and before january 1 DATE , modification of income not taken into 36b(g)(1)(b) is amended by striking and inserting conforming 36b(g CARDINAL ) by after in the heading 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02069 fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137508 DATE . permanent credit for health insurance in (b) of section of the internal revenue code of 1986 DATE is amended striking and before january 1 DATE , and inserting period. increase in credit of section 35 LAW of the internal revenue code of 1986 DATE amended by striking and inserting conforming (b) (e)(1) of section 7527 LAW of the internal revenue code 1986 DATE are each amended by striking and effective amendments made by section shall apply to coverage months DATE beginning after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02070 DATE fmt 6652 CARDINAL sfmt 6201 to practice training 137601 DATE . establishing rural and underserved to practice training for post-baccalaureate and medical students. in xviii of the social act ( 42 u.s.c QUANTITY . 1395 DATE et seq.) is amended by at the end the following new section: 1899c DATE . rural and underserved pathway to training program for post- and medical students. in later than october 1, 2023 DATE , secretary shall, subject to the succeeding provisions this section, carry out the and underserved to practice training program for and medical (in this section, referred as the under which the secretary awards to practice medical scholarship vouchers to students described in subsection (b) for the purpose increasing the number of physicians practicing in rural underserved communities. qualifying student of this section, a qualifying student described in this is an individual 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02071 fmt 6652 sfmt 6201 attests he or is or will be a first ORDINAL -generation student a 4-year DATE college, graduate school, or school; was a pell grant recipient; or lived in a medically underserved area, area, or health professional shortage area a period of 4 or more years DATE prior to an undergraduate program; has accepted enrollment a post-baccalaureate program that is more than 2 years DATE and intends to enroll in qualifying medical school within 2 years DATE after of such program; or a qualifying medical school; will practice medicine in a health shortage area, medically underserved area, hospital, rural area, or as required under (d)(5); and submits an application and a signed copy the agreement described under subsection (c). in be eligible to receive a to practice medical scholarship voucher this section, a qualifying student described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02072 fmt 6652 CARDINAL sfmt 6201 (b) shall submit to the secretary an at such time, in such manner, and such information as the secretary may information to be a of the application described in paragraph ( 1 CARDINAL ), secretary shall include a notice of the items are required to be agreed to under subsection for the purpose of notifying the qualifying of the terms of the rural and underserved to practice training program. pathway to practice medical an annual DATE basis, the may award a pathway to practice medical voucher under the program to not more 1,000 CARDINAL qualifying students described in (b). prioritization whether to award a pathway to practice scholarship voucher under the program to students described in subsection (b), the shall prioritize applications from any such who attests that he or voucher 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02073 fmt 6652 CARDINAL sfmt 6201 DATE was a participant in the health and services administration health opportunity program or an area health center scholar; is a disadvantaged student (as by the national health service ORG corps of health resources & services administration ORG the department of health and human or attended a historically black college other minority serving institution (as defined section 1067q of title 20 CARDINAL , united states ORG pathway to practice scholarship voucher awarded to a qualifying pursuant to paragraph ( 1 CARDINAL ) shall be so to such a student on an annual DATE basis for year DATE of enrollment in a post-baccalaureate and a qualifying medical school (as to paragraph ( 5 CARDINAL ), each to practice medical scholarship voucher under the program shall include amounts tuition; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02074 fmt 6652 CARDINAL sfmt 6201 CARDINAL academic fees (as determined by the medical school); required textbooks and equipment; a monthly DATE stipend equal to the provided for under the professions scholarship and financial program described in section 2121(c) title 10 CARDINAL , united states code; and any other educational expenses incurred by students at the program or qualifying medical school appropriate). required amounts paragraph ( 4 CARDINAL ) may be provided a qualifying awarded a pathway to practice medical voucher under the program, unless the student submits to the secretary an complete a post-baccalaureate that is not more than 2 years DATE (if pursuant to the option under subsection graduate from a qualifying medical 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02075 fmt 6652 CARDINAL sfmt 6201 complete a residency program in an residency training program (as in section 1886(h)(5)(a EVENT )); complete an initial residency period the period of board eligibility; practice medicine for at least the of years DATE of the pathway to practice scholarship voucher awarded under ( 2 CARDINAL ) after a residency program in a professional shortage area, a medically area, a public hospital, or a rural and during such period annually submit with respect to whether the student practices medicine in such an and where; for the purpose of determining with subparagraph (e), not later than days DATE after the date on which qualifying completes a residency program, provide to secretary information with respect to where qualifying student is practicing medicine the period described in such except in the case of a waiver for pursuant to section 1892(f)(3 CARDINAL ), be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02076 fmt 6652 sfmt 6201 to the united states GPE pursuant to section for any amounts received under this that is determined a past-due obligation subsection (b)(3) of such section in the qualifying student fails to complete all of requirements of this agreement under this and for the purpose of determining the of pathway to practice medical vouchers paid or incurred by a qualifying school or any provider of a program referred to subsection for the costs of tuition under (4)(a), consent to any personally information being shared with the of the treasury. responsibilities of participating annual DATE award an amount of pathway to practice medical voucher under paragraph ( 2 CARDINAL ) shall be made respect to a specific qualifying medical school post-baccalaureate program that is not more than years and such school or program shall (as a of, and prior to, such award being made with to such school or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02077 fmt 6652 sfmt 6201 submit to the secretary such as the secretary may require to the amount of such award on the basis of costs of the costs of the items specified paragraph ( 4 CARDINAL ) (except for subparagraph with respect to such school or program, enter into an agreement with the under which such school or provider will (in such manner as the secretary may that amounts paid by such school or to the qualifying student are used for costs. this section: team professional shortage the meaning given such term in subparagraphs or (b) of section 332(a)(1 LAW ) of the public health act. initial residency term residency has the meaning given such in section 1886(h)(5)(f). medically underserved underserved means an area 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02078 fmt 6652 CARDINAL sfmt 6201 pursuant to section 330(b)(3)(a) of the health service act. pell PERSON grant term has the meaning given such term in 322(3 CARDINAL ) of the higher education act of 1965 DATE . period of board of board has the meaning such term in section 1886(h)(5)(g LAW ). qualifying medical term medical means a school of accredited by the liaison committee on medical of the american medical association and association ORG of american NORP medical colleges (or by such committee as meeting the standards for such accreditation) or a school of accredited by the american NORP osteopathic or approved by such association as the standards necessary for such accreditation for each academic year DATE , enrolls at 10 CARDINAL qualifying students who are in enrolled such a school; requires qualifying students to enroll didactic coursework and clinical experience to practicing medicine in health 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02079 fmt 6652 sfmt 6201 shortage areas, medically underserved or rural areas, clinical rotations in such areas in specialties (as applicable and as coursework or training focused on medical issues prevalent such areas and cultural and structural and is located in a state (as defined in 210(h)). rural term has meaning penalty for false who knowingly and willfully obtains by fraud, false or forgery, or fails to refund any funds, assets, property provided under this section or attempts to so by fraud, false statement or forgery, or fail to any funds, assets, or property, received pursuant to section shall be fined not more than $20,000 MONEY or for not more than 5 years DATE , or 1892 DATE of the social act ( 42 u.s.c QUANTITY . 1395ccc) is in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02080 CARDINAL fmt 6652 sfmt 6201 and by striking or and inserting by inserting the rural and pathway to practice training for post- baccalaureate and students under section before owes a past-due in subsection in paragraph ( 1 CARDINAL ), by striking at end in paragraph ( 2 CARDINAL ), by striking the at the end and inserting and by adding the end the following paragraph: subject to subsection (f), owed by an to the united states GPE by breach of an under section 1899c(c LAW ) and which payment not been paid by the individual for any amounts under the rural and underserved pathway practice training program for and medical students (and accrued interest in accordance with subsection (f)(4)) in case such individual fails to complete the of such and 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02081 DATE fmt 6652 CARDINAL sfmt 6201 by adding at the end the following new authorities with respect to the under the pathway to practice training shall require payment to the united states GPE any amount of damages that the united states GPE entitled to recover under subsection (b)(3), within 5-year DATE period beginning on the date an eligible fails to complete the requirements of such under section 1899c(d)(5) (or such period beginning on such date as specified by secretary), and any such amounts not paid such period shall be subject to collection through in medicare ORG payments pursuant to (e); may allow payments described in (1) to be paid in installments over such 5-year DATE which shall accrue interest in an amount pursuant to paragraph ( 5 CARDINAL ); may waive the requirement for an to pay a past-due obligation under subsection in the case of hardship (as determined by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02082 fmt 6652 CARDINAL sfmt 6201 may not disclose any past-due obligation subsection (b)(3) that is owed to the united to any credit reporting agency that the states entitled to be recovered the united under this section; and shall make a final determination of the amount of payment under section 1899c DATE to a qualifying student (as described in (b) of such section) was in excess of or less the amount of payment that is due, and of such excess or deficit is not made (or by offset) within 90 days DATE of the date of the and interest shall accrue on the of such excess or deficit not paid or offset (to extent that the balance is owed by or owing to provider) at a rate determined in accordance the regulations of the secretary of the treasury ORG to charges for late 137602 DATE . funding for the rural and underserved to practice training for post-baccalaureate and medical students. in c of part iv of a of chapter 1 LAW of the internal revenue code of as amended by the preceding provisions of this act, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02083 fmt 6652 CARDINAL sfmt 6201 amended by inserting after section 36f LAW the following section: 36 CARDINAL g. pathway to practice medical voucher credit. in the case of a qualified institution, there shall be allowed as a credit the tax imposed by this subtitle for any taxable an amount equal to the aggregate amount paid or by such institution during such taxable year DATE to any pathway to practice medical scholarship awarded to a qualifying student with respect to institution. determination of amounts paid pursuant qualified scholarship vouchers, of this an amount shall be treated as paid or pursuant to an annual DATE award of a pathway practice medical scholarship voucher only if such is paid or incurred in reimbursement, or of, an expense described in subparagraphs through (e) of paragraph ( 4 CARDINAL ) of section of the social security act and is subject verification in such manner as the secretary of and human services may provide under ( 6 CARDINAL ) of such section, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02084 fmt 6652 sfmt 6201 in the case of any amount credited by a educational institution against a liability by the qualifying student to such institution, amount shall be treated as paid by such to such student as of the date that such would otherwise be due. purposes of this qualified educational term educational means, respect to any annual DATE award of a pathway to medical scholarship any qualifying medical school (as in subsection (e)(6) of section 1899c DATE of social security act), and any provider of a post-baccalaureate referred to in subsection (b)(2)(a) of section, section. meets the requirements of subsection (d)(6) of qualifying term means any student to whom the of health and human services has made an award of a pathway to practice medical voucher under section 1899c DATE of the security act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02085 fmt 6652 CARDINAL sfmt 6201 annual award of a pathway to medical scholarship term award of a pathway to practice medical means the annual DATE award of a to practice medical scholarship voucher to in section 1899c(d)(3) of the social act. coordination of academic and taxable credit allowed under subsection (a) with to any pathway to practice medical scholarship shall not exceed the amount of such voucher which for expenses described in subparagraphs (a) through of section 1899c(d)(4 LAW ) of the social security act, by any amount of such voucher with respect to credit was allowed under this section for any prior year DATE . secretary shall issue such or other guidance as are necessary or to carry out the purposes of this conforming section 6211(b)(4)(a), as amended by the provisions of this act, is amended by after paragraph ( 2 CARDINAL ) of section 1324(b LAW ) of title united states GPE code, as amended by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02086 DATE fmt 6652 CARDINAL sfmt 6201 provisions of this act, is amended by after the table of sections for subpart c of part of subchapter a of chapter 1 LAW of the internal code of 1986 DATE , and amended by the preceding of this act, is amended by inserting after item relating to section 36f LAW the following new 36 CARDINAL g. pathway to practice medical scholarship voucher information secretary of and human services shall annually DATE provide the of the treasury ORG such information regarding the under section 1899c DATE of the social security act the secretary of the treasury ORG may require to the tax credits determined under section 36 LAW g of the revenue code of 1986 DATE , including information to qualifying students and the qualified educational at which such students are enrolled and the of the annual DATE award of the pathway to practice scholarship voucher awarded to each such student respect to such institution. terms used in this shall have the same meaning as when used is section 36 CARDINAL g. effective amendments made by section shall apply to taxable years ending after the DATE of the enactment of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02087 fmt 6652 CARDINAL sfmt 6201 137603 DATE . establishing rural and underserved to practice training for medical residents. 1886 DATE of the social security act ( 42 u.s.c QUANTITY . is in subsection (d)(5)(b)(v), by inserting after provisions of and in subsection (h)(4)(h), by adding at the the following new clause: increase in full-time limitation for hospitals in cost periods beginning on or after 1, 2026 DATE , during which a trains in an applicable hospital hospitals (as defined in subclause in an approved medical residency program), secretary after any adjustment made any preceding provision of this or under any of paragraphs through (9), subject to subclause increase the limitation under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02088 fmt 6652 CARDINAL sfmt 6201 (f) for such cost period by the number of full- equivalent residents so trained such program during such (in this clause, referred to as the and underserved pathway to training programs for or applicable hospital or purposes this clause, the term or means any that has been recognized by the council for graduate education as meeting at least following requirements for their medical residency training the programs provide for residents. the programs include and as part of the training of under the programs. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02089 fmt 6652 sfmt 6201 the programs have a record of training residents medically areas, rural areas, or the hospital agrees to community-based of residents under their as appropriate. annual DATE limitation for of secretary shall ensure during any 1-year DATE period and all approved medical residency programs described in (i), not more than 1,000 CARDINAL full- equivalent residents are trained year. other shortage professional has the meaning given term in subparagraphs (a) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02090 fmt 6652 sfmt 6201 (b) of section 332(a)(1 LAW ) of the health service act. term underserved means an designated pursuant to 330(b)(3)(a) of the public service act. qualifying medical term has the meaning qualifying medical term has the meaning rural has the given such term in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02091 fmt 6652 CARDINAL sfmt 6201 137604 DATE . administrative funding of the rural underserved pathway to practice programs for students, medical students, medical residents. secretary shall provide for the transfer of from the hospital insurance trust fund under section 1817 LAW of the social security act u.s.c. 1395i DATE ) and the federal supplementary insurance trust fund under section 1841 LAW of such act u.s.c. 1395 DATE t), in addition to amounts otherwise to remain available until expended, to carry out the of the rural and underserved pathway to training program for post-baccalaureate and students under section 1899c DATE of such act ( 42 1395mmm QUANTITY ) and the rural and underserved to practice training programs for medical residents section 1886(h)(4)(h)(vii) of such act ( 42 u.s.c QUANTITY . education 137701 CARDINAL . credit for public university research in d of part iv of a of chapter 1 LAW , as amended by the preceding of this act, is amended by adding at the end the new section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02092 CARDINAL fmt 6652 CARDINAL sfmt 6201 45aa. public university research credit. allowance of purposes of 38 CARDINAL , the public university research infrastructure determined under this section for a taxable year is an equal to 40 percent PERCENT of the qualified cash made by a taxpayer during such taxable year DATE . qualified cash in purposes of (a), the qualified cash contribution for taxable year is the aggregate amount in cash by a taxpayer during such year DATE to a certified educational institution connection with a qualifying project that, but this section, would be treated as a charitable for purposes of section 170(c). qualified cash contributions into account for purposes of contribution qualified cash contributions made by a under this section shall be taken into for purposes of determining the limitations under section 170(b). designation contribution only be treated as a qualified cash contribution 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02093 fmt 6652 CARDINAL sfmt 6201 the extent that it is designated as such by a educational institution under subsection (d). purposes of this qualifying term means a project to purchase, or improve research infrastructure property. term infrastructure any portion of a property, building, or of an eligible educational institution, or any associated with such property, building, or that is used for research. eligible educational term educational an institution of higher education (as term is defined in section 101 or 102(c LAW ) the higher education act of 1965 DATE ) that is college or university described in section or an organization described in section or section 509(a)(3 LAW ) to which has been delegated by an institution in subparagraph (a) for purposes of for or administering credit amounts on of such institution. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02094 DATE fmt 6652 CARDINAL sfmt 6201 certified educational term educational means an educational institution which has been a credit amount for a qualifying project has received a certification for such under subsection (d)(2), and designates credit amounts to for qualifying cash contributions toward project under subsection (d)(4). qualifying university research in later than 180 CARDINAL after the date of the enactment of this the secretary, after consultation with the of education, shall establish a for qualifying projects to eligible institutions, and allow certified educational to designate cash contributions for projects of such certified institutions as qualified cash 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02095 fmt 6652 CARDINAL sfmt 6201 CARDINAL allocation limitation per credit amounts allocated a certified educational institution under (a)(i) for all projects shall exceed $ 50,000,000 MONEY per calendar year. overall allocation in total of qualifying project credit that may be allocated under (a)(i) shall not $ 500,000,000 MONEY for each calendar years 2022 DATE , 2023 DATE , 2025 DATE , and 2026 DATE , and $ 0 MONEY for each year DATE . credit credit amounts described in (i) that are unallocated during calendar year shall be carried to the calendar year DATE and added to limitation allowable under such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02096 fmt 6652 sfmt 6201 for such succeeding year DATE . designation aggregate amount of cash which are designated by a certified institution as qualifying cash with respect to any project shall not exceed 250 percent PERCENT the credit amount allocated to such educational institution for a project under subparagraph (a)(i). certification educational institution which applies for of a project under this paragraph shall an application in such time, form, and manner the secretary may require. selection criteria for allocations eligible educational after consultation with the secretary of shall select applications from eligible based on the extent of the expected of an eligible educational research within disciplines in science, engineering, and technology, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02097 fmt 6652 sfmt 6201 in a manner that ensures is given to eligible educational institutions full-time student populations of less than designation of qualified cash to secretary, after with the secretary of education, shall a process by which certified educational shall designate cash contributions to such as qualified cash contributions. disclosure of allocations and secretary shall, allocating credit amounts to an applicant this subsection, publicly disclose the of the applicant and the credit amount to such applicant. certified institution shall, upon designating of a taxpayer as qualified cash under this subsection, publicly the identity of the taxpayer and the of contributions designated in such form, and manner as the secretary may 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02098 fmt 6652 sfmt 6201 CARDINAL regulations and secretary, consultation with the secretary of education when shall prescribe such regulations and guidance may be necessary or appropriate to carry out the of this section, including regulations prevention of abuse, establishment of reporting requirements, establishment of selection criteria for and disclosure of allocations. penalty for in at any time during the period beginning on the date of the allocation credit amounts to a certified educational under subsection (d)(1)(a)(i) there is a event with respect such credit then the following rules shall apply: general cash designated as a qualifying cash with respect to a qualifying project for such credit amounts were allocated under (d)(1)(a)(ii) shall be treated as business taxable income (as defined in 512 CARDINAL ) of such certified educational 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02099 fmt 6652 CARDINAL sfmt 6201 DATE case of unused credit described under paragraph (2)(a) and pursuant to subsection (g), the shall reallocate any portion of such credit amounts to certified educational in lieu of imposing the general rule subparagraph (a). noncompliance purposes this subsection, the term with respect to a credit amount allocated to certified educational cash contributions equaling of such credit amount are not as qualifying cash contributions within years after DATE december 31 of the year such amount is allocated, a qualifying project with respect to such credit amount was allocated is not in service within 4 years DATE after december 31 of the such credit amount is allocated, or a period of time that the determines is appropriate, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02100 fmt 6652 sfmt 6201 the research infrastructure property in service as part of a qualifying project respect to which such credit amount was ceases to be used for research within years DATE after such property is placed in review and reallocation of credit later than 5 years DATE after the of enactment of this section, the secretary shall the credit amounts allocated under this as of such date. in secretary may credit amounts allocated under this if the secretary determines, as of the date the review in paragraph ( 1 CARDINAL ), that such credit are subject to a noncompliance event. additional the determines that credits under this are available for reallocation pursuant to requirements set forth in subparagraph (a), secretary is authorized to conduct an program for applications for certification. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02101 fmt 6652 CARDINAL sfmt 6201 CARDINAL deadline for secretary shall not certify any project, or any credit amount, pursuant to this after december 31, 2031 DATE . denial of double credit or shall be allowed under any other provision of chapter for any qualified cash contribution for which credit is allowed under this section. rule for trusts and of this section, rules similar to the rules of (d) of section 52 LAW shall apply. section shall not apply to cash contributions made after december 31 DATE , credit made part of general business (b) of section 38 LAW , as amended by the provisions of this act, is amended by striking at the end of paragraph ( 38 CARDINAL ), by striking the period the end of paragraph ( 39 CARDINAL ) and inserting and adding at the end the following new paragraph: the public university research credit determined under section clerical table of sections subpart d of part iv of subchapter a of chapter 1 LAW , 23 DATE , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02102 fmt 6652 CARDINAL sfmt 6201 amended by the preceding provisions of this act, is by adding at the end the following new item: 45aa. public university research infrastructure effective amendments made by section shall apply to qualified cash contributions after december 31, 2021. DATE 137702 DATE . modification of excise tax on income of private colleges and phaseout of investment income excise tax private colleges and universities providing grants and 4968 DATE amended by adding at the end the following new phaseout for institutions providing in amount of tax imposed subsection (a) (determined without regard to this shall be reduced (but not below zero CARDINAL ) by amount which bears the same ratio to such of tax (as so determined) the excess (if any) the aggregate amount of qualified awards provided by the institution to first ORDINAL -time, full-time undergraduate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02103 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL for academic periods beginning the taxable year, over an amount equal to 20 percent PERCENT of aggregate undergraduate tuition and received by the institution from first- full-time undergraduate students for academic periods, bears to an amount equal to 13 percent PERCENT of aggregate undergraduate tuition and fees received. institution must meet reporting in ( 1 CARDINAL ) shall apply to an applicable educational for a taxable year DATE unless such institution to the secretary, and makes widely a statement detailing the average amount of federal student loans by a student for attendance at the averaged among each of the following of first ORDINAL -time, full-time undergraduate who during the taxable year completed course of study for which the institution a baccalaureate degree: all such students. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02104 fmt 6652 CARDINAL sfmt 6201 the students who have been a federal pell grant under 1 CARDINAL of part a of title iv of the higher act of 1965 DATE for attendance at institution. the students who received work- assistance under part c of title iv of act for attendance at such the students who were provided federal student loans. form and manner for statement shall be furnished at such time in such form and manner, and made widely under such regulations or guidance as secretary may prescribe. federal student of this paragraph, the term means a loan made under part d title iv of the higher education act of except such term does not include a direct plus loan made on behalf of a student. other purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02105 fmt 6652 sfmt 6201 first ORDINAL -time, full-time term undergraduate shall have the meaning as when used in section 132 LAW of higher education act of 1965 DATE . qualified aid term aid means, with respect to applicable educational institution, grants scholarships to the extent used for tuition and fees. and term tuition and means, with respect to any institution, the and fees required for the enrollment or of a student as an undergraduate at the inflation adjustment to per student 4968(b CARDINAL ) is amended by at the end the following new paragraph: inflation the case of taxable year DATE beginning after 2022 DATE , the dollar in paragraph (1)(d) shall be increased by amount equal such dollar amount, multiplied by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02106 fmt 6652 sfmt 6201 the cost-of-living adjustment under section 1(f)(3 LAW ) for the calendar in which the taxable year DATE begins, by substituting year DATE for year DATE in subparagraph (a)(ii) any increase determined under this paragraph is a multiple of $ 1,000 MONEY , such increase shall be to the nearest multiple of clarification of 500 CARDINAL student 4968(b)(1)(a DATE ) is amended by inserting the graduate after tuition-paying effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137703 DATE . treatment of federal pell PERSON grants for tax purposes. exclusion from gross is amended by striking by an and all that follows and inserting by an as a scholarship or fellowship grant the extent the individual establishes that, in with the conditions of the grant, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02107 fmt 6652 sfmt 6201 CARDINAL amount was used for qualified tuition and expenses, or as a federal pell grant under section of the higher education act of treatment for purposes of american NORP tax credit and lifetime learning 25a(g)(2) is in subparagraph (a), by inserting in section after qualified and in subparagraph (c), by inserting pell PERSON grant under section 401 LAW of the higher act of after the meaning section effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 137704 DATE . repeal of denial of american NORP tax credit on basis of felony conviction. in 25a(b)(2 DATE ) is amended by subparagraph (d). effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02108 fmt 6652 CARDINAL sfmt 6201 CARDINAL funding priorities 138001 DATE . amendment of 1986 DATE code. as otherwise expressly provided, whenever in subtitle an amendment or repeal is expressed in terms an amendment to, or repeal of, a section or other the reference shall be considered to be made to a or other provision of the internal revenue code 1986 DATE . and international tax tax rate 138101 DATE . increase in corporate tax rate. in 11(b) is amended to read follows: amount of in amount of the tax by subsection (a) shall be the sum 18 percent PERCENT of so much of the taxable as does not exceed $ 400,000 MONEY , 21 percent PERCENT of so much of the taxable as exceeds $ 400,000 MONEY but does not $ 5,000,000 MONEY , and 26.5 percent PERCENT of so much of the income as exceeds $ 5,000,000 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02109 fmt 6652 CARDINAL sfmt 6201 the case of a corporation which has taxable in excess of $ 10,000,000 MONEY for any taxable year, amount of tax determined under the preceding for such taxable year DATE shall be increased by lesser of (i) 3 percent PERCENT of such excess, or (ii) certain personal service not eligible for graduated paragraph ( 1 CARDINAL ), the amount of the tax by subsection (a) on the taxable income of qualified personal service corporation (as defined section 448(d)(2 LAW )) shall be equal to 26.5 percent PERCENT the taxable proportional adjustment of deduction dividends in 243(a)(1) is by striking and inserting dividends from 20-percent PERCENT owned 243(c)(1 CARDINAL ) is prior to amendment by subparagraph by striking and inserting and by striking and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02110 fmt 6652 sfmt 6201 conforming 1561 DATE is by amending subsection (a) to read as in component members of a group of corporations on a december 31 DATE shall, their taxable years DATE which include such december 31, limited for purposes of this subtitle amounts in each taxable income bracket in subparagraphs of section 11(b)(1 LAW ) which do not more than the maximum amount in each bracket to which a corporation which is not a member of a controlled group is entitled, ( 3 CARDINAL ). one $250,000 MONEY ($ 150,000 MONEY if any component a corporation described section amount for purposes of computing the earnings credit under section 535(c)(2 LAW ) amounts specified in paragraph ( 1 CARDINAL ) shall be divided among the component members of such group on december 31 DATE unless all of such component members (at such time and in such manner as the secretary by regulations prescribe) to an apportionment plan for an unequal allocation of such amounts. the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02111 fmt 6652 CARDINAL sfmt 6201 specified in paragraph ( 2 CARDINAL ) shall be divided among the component members of such group on such 31 CARDINAL unless the secretary prescribes regulations an unequal allocation of such amounts. paragraph ( 1 CARDINAL ), in applying the last sentence section 11(b)(1 LAW ) to such component members, the income of all such component members shall be taken account and any increase in tax under such last shall be divided among such component members in same manner as amounts under paragraph and by striking earnings in the heading and inserting tax effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . normalization in normalization method of shall not be treated as being used with to any public utility property for purposes of 167 CARDINAL or 168 CARDINAL of the internal revenue code of if the taxpayer, in computing its cost of service ratemaking purposes and reflecting operating in its regulated books of account, reduces the reserve deficit less rapidly or to a lesser extent 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02112 fmt 6652 CARDINAL sfmt 6201 CARDINAL such reserve would be reduced under the rate assumption method. alternative method for certain as of the first day DATE of the taxable year includes the date of enactment of this the taxpayer was required by a agency to compute depreciation for public property on the basis of an average life composite rate method, and the books and underlying did not contain the vintage account necessary to apply the average rate method, taxpayer will be treated as using a normalization of accounting if, with respect to such the taxpayer uses the alternative method for utility property that is subject to the authority of that jurisdiction. purposes of this tax reserve term reserve means the excess the amount which would be the in the reserve for deferred taxes described in section 168(i)(9)(a)(ii) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02113 fmt 6652 sfmt 6201 CARDINAL internal revenue code of 1986 DATE , or 167(l)(3)(g)(ii) of such code as in on the day DATE before the date of the of the tax reform act of 1986 DATE ) the amount of such reserve were by assuming that the corporate rate provided the amendments by this section were in effect for all periods, over the balance in such reserve as of day before such corporate rate take effect. average rate assumption average rate assumption method is method under which the excess in the for deferred taxes is reduced over the lives of the property as used in its books of account which gave rise to the for deferred taxes. under such method, timing differences for the property reverse, amount of the adjustment to the reserve for deferred taxes calculated by the ratio of the aggregate deferred for the property to the aggregate 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02114 fmt 6652 CARDINAL sfmt 6201 differences for the property as of beginning of the period in question, by the amount of the timing which reverse during such period. alternative is the method in which the computes the tax reserve deficit on public utility property included in the account on the basis of the weighted life or composite rate used to depreciation for regulatory purposes, reduces the tax reserve deficit over the remaining regulatory life of property. treatment of normalization for any taxable year ending after the DATE date the enactment of this act, the taxpayer does not a normalization method of accounting, such shall not be treated as using a normalization of accounting for purposes of subsections and ( i)(9)(c GPE ) of section 168 LAW of the internal code of 1986 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02115 fmt 6652 sfmt 6201 DATE secretary of or the designee, shall issue regulations or other guidance as may be or appropriate to carry out this subsection, regulations or other guidance to provide coordination between this subsection, 13001(d) of public law 115-97, and section of the tax reform act of 1986 DATE . on deduction for interest 138111 DATE . limitations on deduction for interest interest expense of certain members of financial reporting 163 CARDINAL is amended by redesignating subsection (n) as (p) and by inserting after subsection (m) the new subsection: limitation on deduction of interest by members of international financial in the case of any specified corporation which is a member of any financial reporting group, the under this chapter for interest paid or accrued the taxable year in excess of the amount of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02116 fmt 6652 sfmt 6201 includible in the gross income of such shall not exceed the allowable percentage of percent of such excess. specified domestic of this in term means any domestic other any corporation if the excess the average amount of paid or accrued by such during the 3 CARDINAL -taxable-year period with the taxable year to which ( 1 CARDINAL ) applies, over the average amount of includible in the gross income such corporation for such period, not exceed $ 12,000,000 MONEY , any corporation to which ( 1 CARDINAL ) of section 163(j) does not apply reason of paragraph ( 3 CARDINAL ) thereof to exemption for certain small and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02117 fmt 6652 CARDINAL sfmt 6201 any s corporation, real estate trust, or regulated investment aggregation purposes subparagraph (a)(i), all domestic which are members of the same financial reporting group shall be as a single corporation. international financial reporting purposes of this in financial reporting means, with to any reporting year, two CARDINAL or more at least one CARDINAL entity is a corporation engaged in a trade or within the united states GPE , or at least one CARDINAL entity is a corporation and another entity a foreign corporation, and such entities are included in the applicable financial statement with to such year. additional 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02118 fmt 6652 CARDINAL sfmt 6201 in the extent by the secretary in regulations or guidance, the specified domestic referred to in paragraph ( 1 CARDINAL ) may (at such time and in such manner as secretary may provide) for purposes of subsection to treat any eligible as a member of the international reporting group of which such domestic corporation is a member such eligible corporation maintains (and specified domestic corporation has to) such books and records as the determines are satisfactory to allow the application of this subsection with to such eligible corporation. any under this clause shall apply only respect to the specified domestic which makes such election. eligible means, with to any international financial group, any corporation if at least 20 CARDINAL of the stock of such corporation by vote and value) is held 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02119 fmt 6652 CARDINAL sfmt 6201 DATE or indirectly) by members of such financial reporting group without regard to this clause). allowable purposes this in term means, with respect to any specified corporation for any taxable year, the (expressed as a percentage and not than 100 percent PERCENT ) such allocable share the financial reporting reported net interest expense for reporting year of such group which in or with such taxable year DATE of such over such reported net expense for such reporting year of group. reported term net interest with respect to any international reporting group for any reporting the excess 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02120 fmt 6652 sfmt 6201 CARDINAL the aggregate amount of applicable for such taxable year DATE , over the aggregate amount of income reported in such statements taxable year DATE , and with respect to any specified corporation for any reporting year DATE , excess the amount of interest of such corporation reported in books and records of the reporting group are used preparing such applicable for such taxable year DATE , over the amount of interest of such corporation reported in books and records. allocable share of reported interest respect to any domestic corporation which is a of any international financial reporting 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02121 fmt 6652 CARDINAL sfmt 6201 CARDINAL such allocable share of reported net interest expense for reporting year is the portion of such which bears the same ratio to such the ebitda of such corporation such reporting year, bears to the ebitda of such group for reporting year. means, with respect to any year DATE , earnings before interest and interest expense, taxes, depletion, and as determined in the financial reporting statements year, or for purposes of (a)(i), as determined in the and records of the international reporting group which are in preparing such statements if determined in such statements. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02122 fmt 6652 sfmt 6201 treatment of intra-group ebitda of any domestic corporation shall be without regard to any received by such corporation from any member of the international financial group. special rules for non-positive non-positive group the case of any international financial group the ebitda of which is or less, paragraph ( 1 CARDINAL ) shall not apply any specified domestic corporation is a member of such group. the case of any specified corporation the ebitda of which zero CARDINAL or less, the allowable percentage be 0 percent PERCENT . applicable financial purposes of this subsection, the term has the meaning given such in section 451(b)(3 LAW ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02123 fmt 6652 CARDINAL sfmt 6201 reporting purposes of this the term means any year DATE which an applicable financial statement is or required to be prepared. foreign corporations engaged in purposes of this subsection, any corporation engaged in a trade or business the united states GPE shall be treated as a corporation with respect to any earnings, income and interest expense, or other amount, is effectively connected with the conduct of a or business in the united states GPE . secretary may issue regulations or other guidance as are necessary appropriate to carry out the purposes of this regulations or other guidance allows or requires the adjustment of reported on applicable financial allows or requires any corporation to included or excluded as a member of any financial reporting group for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02124 fmt 6652 CARDINAL sfmt 6201 of any determination or calculation under subsection, provides rules for the application of subsection with respect a domestic corporation that is a (directly or indirectly) in a and foreign corporation to which this applies by reason of paragraph modification of application of limitation business interest to partnerships and s 163(j)(4 CARDINAL ) is amended to read as application to partnerships and s the case of any partnership or corporation, this subsection shall be applied at the or shareholder level, carryforward of disallowed in 163 CARDINAL is amended by after subsection (n), as added by (a), the following new subsection: carryforward of certain disallowed 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02125 fmt 6652 sfmt 6201 in amount of any interest allowed as a deduction for any taxable year DATE by of subsection (j)(1) or (n)(1) (whichever the lower limitation with respect to such year DATE ) shall be treated as interest (and as interest for purposes of subsection (j)(1)) paid accrued in the succeeding taxable year DATE . limitation on paid or accrued in a taxable year DATE beginning after 31, 2021 DATE (determined without regard to (1)), shall not be carried forward under ( 1 CARDINAL ) past the fifth ORDINAL taxable year DATE following taxable year DATE in which such interest was so paid accrued. for purposes of the preceding sentence, shall be treated as allowed as a deduction on first ORDINAL -in, first ORDINAL -out conforming section 163(j)(2) is amended to read carryforward treatment, see subsection section 381(c)(20 LAW ) is amended to read follows: follows: carryforward of disallowed carryover of disallowed interest described 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02126 fmt 6652 CARDINAL sfmt 6201 section 163(o) to taxable years ending after DATE the of distribution or section 382(d)(3 LAW ) is amended to read follows: application to carryforward of term include any carryover of disallowed interest in section 163(o) under rules similar to the of paragraph effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . transition the case of a succeeding taxable year DATE described in subclause (ii) section 163(j)(4)(b)(ii) of the internal revenue code 1986 DATE (as in effect before the amendment made by (b)) which begins after december 31, 2021 DATE , the of excess business interest which would (but for amendment) be carried to such taxable year DATE under subclause shall be treated as interest (and as interest for purposes of section 163(j) of such code, amended by this section) paid or accrued in such year DATE . for carryover of any such interest disallowed such taxable year DATE , see section 163(o) of such code, amended by this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02127 fmt 6652 CARDINAL sfmt 6201 CARDINAL international provisions 138121 DATE . modifications to deduction for intangible income and intangible low-taxed income. in 250(a) is amended to as follows: in the case of a domestic for any taxable year, there shall be allowed as deduction an amount equal to the sum 21.875 percent PERCENT of the foreign-derived income of such domestic corporation for taxable year DATE , plus 37.5 percent PERCENT the global intangible low-taxed income any) which is included in the gross income such domestic corporation under section for such taxable year DATE , and the amount treated as a dividend by such corporation under section 78 LAW is attributable to the amount described in deduction taken into account in net operating loss is amended by striking paragraph ( 9 CARDINAL ). certain other section 250(b)(3) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02128 fmt 6652 CARDINAL sfmt 6201 in subparagraph by striking at the end of (v), (vi), and by striking at the end of by adding at the end the new subclauses: any income received or which is of a kind which would foreign personal holding company (as defined in section 954(c)), any amount included in gross income of such corporation section 1293 DATE , and income, and by adding at the end the following new disqualified extraterritorial in purposes of (a)(i)(ix), the term extraterritorial means amount included in the gross income the corporation with respect to any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02129 fmt 6652 CARDINAL sfmt 6201 for any taxable year DATE if any could (determined after application clause (ii) but without regard to any under section 942(a)(3 LAW ) as in before its repeal) be excluded from the income of the corporation with to such transaction for such taxable by reason of section 114 LAW pursuant to application of subsection (d) or (f) of 101 CARDINAL of the american NORP jobs creation of 2004 DATE . income in as in subclause (ii), the referred to in clause (i) may an irrevocable election (at such and in such form and manner as secretary may provide) to have (d) and (f) of section 101 LAW the american NORP jobs creation act of not apply with respect to such for the taxable year DATE for such election is made and all taxable years DATE (applicable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02130 fmt 6652 CARDINAL sfmt 6201 CARDINAL respect to all transactions, transactions occurring before taxable year). expanded affiliated the case of any which is a member of an affiliated group, the election in subclause (i) may be only by the common parent of group and shall apply with to all members of such group. purposes of the preceding the term affiliated means an affiliated group as in section 1504(a), determined regard to section 1504(b)(3 CARDINAL ) by substituting than 50 CARDINAL for least 80 CARDINAL each it section 613a(d)(1) is amended by striking at the end of subparagraph (d), by striking period at the end of subparagraph (e) and and by inserting after subparagraph the following new subparagraph: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02131 fmt 6652 CARDINAL sfmt 6201 any deduction allowable under section effective in as otherwise in this subsection, the amendments made by section shall apply to taxable years DATE beginning december 31, 2021 DATE . certain other made by subsection (c) shall apply to years DATE beginning after december 31, 2017 DATE . transitional rule for accelerated in the case of any taxable which includes december 31, 2021 DATE (other than taxable year DATE with respect to which such date is the day of such taxable the percentage in effect under section of the internal revenue code of shall be treated as being equal to the sum the pre-effective date percentage of percent, plus the post-effective date percentage 21.875 percent PERCENT , and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02132 fmt 6652 CARDINAL sfmt 6201 CARDINAL the percentage in effect under section of such code shall be treated as equal to the sum the pre-effective date percentage of percent, plus 37.5 percent PERCENT . the post-effective date percentage pre- and post-effective date purposes of this subsection, with to any taxable the term date means the ratio that the portion of such year DATE which precedes january 1, 2022 DATE , to the entire taxable year DATE , and the term date means the ratio that the remainder of taxable year bears to the entire taxable 138122 DATE . repeal of election for 1-month DATE in determination of taxable year specified foreign corporations. in 898(c) is amended by paragraph ( 2 CARDINAL ) and redesignating paragraph ( 3 CARDINAL ) paragraph ( 2 CARDINAL ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02133 DATE fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE of specified foreign beginning after november 30, 2021 DATE . transition first taxable beginning after november 30, 2021 DATE , shall end at the time as the first required year (within the meaning section 898(c)(1) of the internal revenue code of ending after such date. 138123 DATE . modifications of foreign tax credit applicable to certain taxpayers specific economic benefits. in 901 CARDINAL is amended by subsection (n) as subsection (o) and by inserting subsection (m) the following new subsection: special rules relating to dual capacity general any provision of this chapter, any amount paid or by a dual capacity taxpayer to a foreign or possession of the united states GPE for any shall not be considered a if, for such period, the foreign or possession does not impose a generally income tax, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02134 fmt 6652 CARDINAL sfmt 6201 to the extent such amount exceeds amount which would be paid or accrued by dual capacity taxpayer under the generally income tax imposed by such country possession if such taxpayer were not a dual taxpayer. in this paragraph shall be construed to the proper treatment of any such amount in excess of the amount determined under (b). dual capacity of this subsection, the term capacity means, with respect to any foreign country or of the united states GPE , a person is subject to a levy of such country or and receives (or will receive) directly or a specific economic benefit from such or possession. generally applicable income purposes of this subsection, the term income means an income tax (or a of income taxes) which is generally imposed the laws of a foreign country or possession of united states on residents of such foreign 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02135 fmt 6652 CARDINAL sfmt 6201 DATE or possession that are not dual capacity effective amendments made by section shall apply to taxable years DATE of foreign beginning after december 31, 2021 DATE , and to taxable of united states GPE shareholders in which or with which taxable years DATE of foreign corporations end. 138124 DATE . modifications to foreign tax credit country-by-country application of on foreign tax credit based on taxable in 904 CARDINAL is amended by after subsection (d) the following new country-by-country application based on in provisions of (a), (b), (c), and (d) and sections 907 CARDINAL and shall be applied separately with respect to each by taking into account the aggregate income attributable or otherwise allocable to a unit of the taxpayer which is a tax resident of country. taxable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02136 CARDINAL fmt 6652 sfmt 6201 in as otherwise by the secretary, each item shall be or otherwise allocable to exactly taxable unit of the taxpayer. as otherwise provided by the the taxable units of a taxpayer are follows: general taxable that is the taxpayer and that is not described in a separate clause of subparagraph. controlled foreign controlled foreign with respect to which the is a united states GPE shareholder. interests in pass-through interest held (directly or by the taxpayer or any foreign corporation referred to in (ii) in a pass-through entity if such entity is a tax resident of a other than the country with to which such taxpayer or controlled 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02137 fmt 6652 CARDINAL sfmt 6201 CARDINAL corporation (as the case may be) is tax resident. branch (or thereof) the activities of which are or indirectly carried on by the or any controlled foreign corporation to in clause (ii) and which give to a taxable presence in a country than the country in which the or any such controlled foreign (as the case may be) is a tax definitions and special of this tax as otherwise by the secretary, the term means a person or arrangement subject to under the tax law of a country as a or a person or arrangement that gives rise a taxable presence by reason of its activities such country. if an entity is organized under law of a country, or resident in a country, does not impose an income tax with to such entity, such entity shall, except as by the secretary, be treated as subject 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02138 fmt 6652 sfmt 6201 tax under the tax law of such country for the of the preceding sentence. pass-through as provided by the secretary, the term includes any partnership other entity or arrangement to the extent income, gain, deduction, or loss of the is taken into account in determining the or loss of a person that owns (directly or an interest in such entity. as otherwise by the secretary, the term means taxable presence of a tax resident in a other than its country of residence as under such other tax law. the shall provide regulations or other applying such term to activities in a that does not subject income to tax on basis of residence or taxable presence. treatment of fiscally fiscally jurisdiction shall be treated as a separate any possession of the united states GPE also be treated as separate country. for of the preceding sentence, the term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02139 fmt 6652 CARDINAL sfmt 6201 of the united means each of samoa, the commonwealth ORG of the mariana islands, the commonwealth ORG puerto rico, guam GPE , and the virgin islands. secretary shall issue regulations or other guidance as may be or appropriate to carry out, or prevent of, the purposes of this subsection, including or other providing for the application of this entities, arrangements, and that are otherwise considered a of more than one CARDINAL country or no country, providing for the application of this to hybrid entities or hybrid (as such terms are used for purposes of 267a PRODUCT ), pass-through entities, passive investment companies, trusts, and other or arrangements not otherwise in this subsection, and providing for the assignment of any (including foreign taxes and deductions) to units, including in the case of amounts otherwise taken into account in determining income under this 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02140 fmt 6652 CARDINAL sfmt 6201 application of recapture of overall 904(f)(5)(e)(i CARDINAL ) is amended inserting separately with respect to each (within the meaning of subsection (e)) as in subsection before the period at the application of separate limitation with respect to global intangible 904(f)(5 CARDINAL ) is amended adding at the end the following new special rule with respect to intangible low-taxed amount of the separate limitation losses for taxable year DATE shall reduce income described subparagraph ( d)(1)(a GPE ) for such taxable year DATE to the extent the aggregate amount of such exceeds the aggregate amount of the limitation incomes for such taxable year DATE . purposes of this subparagraph, separate income shall exclude income described subparagraph ( d)(1)(a GPE ) for the taxable repeal of separate application to branch 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02141 DATE fmt 6652 CARDINAL sfmt 6201 in 904(d)(1 CARDINAL ) is by striking subparagraph (b) and redesignating (c) and (d) as subparagraph (b) (c). coordination with deduction for is by striking subclause (vi) of clause (i) inserting the following new subclause: the income of a united person which is attributable to or more branches (which would be to in clause (iv) of section if such clause were without regard to any reference a controlled foreign corporation) or entities (which would be to in clause (iii) of section if such clause were without regard to any reference a controlled foreign corporation) in or more foreign countries, sentence: by adding at the end the following 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02142 fmt 6652 CARDINAL sfmt 6201 DATE purposes of clause (i)(vi), the amount of attributable to a branch or pass-through shall be determined under rules by the conforming section 904(d)(2)(a)(ii) is amended by foreign branch section 904(d)(2 CARDINAL ) is amended by subparagraph (j). modification of foreign tax credit and carryover limited to 5 CARDINAL taxable 904(c) by striking succeeding taxable and inserting succeeding taxable conforming amended by striking and inserting repeal of 904(c) is year, by striking the first ORDINAL preceding 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02143 fmt 6652 CARDINAL sfmt 6201 by striking each place appears, and thereof. by striking in the carryover applicable to tax on is amended by striking the last sentence. application to limitation on foreign and gas 907(f)(1 CARDINAL ) is by striking the first preceding year DATE and by striking and inserting treatment of certain tax-exempt certain tax-exempt dividends taken account in applying limitations on tax 904(b) is amended by paragraph ( 4 CARDINAL ). certain tax-exempt dividends not into account in allocating interest 864(e)(3 CARDINAL ) is amended by and inserting 245(a), or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02144 fmt 6652 sfmt 6201 rules for allocation of certain to foreign source global intangible low- income for purposes of foreign tax credit 904(b), as amended by the provisions of this act, is amended by adding at the the following new paragraph: deductions treated as allocable to source global intangible low-taxed the case of a domestic corporation and for purposes of the application of subsection with respect to amounts described in subsection the taxable without the united states GPE shall be allocating any deduction allowed section 250 CARDINAL to such income, and by treating any expense of such corporation as not allocable to such treatment of certain asset 904(b), as amended by the preceding of this act, is amended by adding at the end the new paragraph: treatment of certain asset 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02145 fmt 6652 sfmt 6201 in as otherwise by the secretary, in the case of any asset disposition, the principles of 338(h)(16) shall apply in determining the and character of any item for purposes this part. covered asset of this paragraph, the term means any is treated as a disposition of for purposes of subchapter n of this and is treated as a disposition of of a corporation (or is disregarded) purposes of the tax laws of the relevant country or possession of the united secretary shall such regulations or other guidance as is or appropriate to carry out, or to the the avoidance of, the purposes of this redetermination of foreign taxes and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02146 fmt 6652 sfmt 6201 in 905(c)(1 CARDINAL ) is by striking at the end of subparagraph (b) by inserting after subparagraph (c) the new subparagraphs: the taxpayer makes a timely change its choice to claim a credit or deduction for paid or accrued, or there is any other change in the or treatment, of taxes, which affects tax liability under this modification to time for claiming or 901(a) is amended striking the second ORDINAL sentence and inserting the choice to claim a credit for such may be made at any time before the and the choice to claim a deduction lieu of a credit may be made at any time before expiration of the period prescribed by section for making a claim for refund or credit of tax imposed by this chapter for such taxable or such later period prescribed by section if the period is extended by modification to special period of 6511(d)(3)(a) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02147 fmt 6652 sfmt 6201 by inserting in the liability before taxes paid or by striking and (or deemed paid under section by inserting in the before in the thereof. effective in as otherwise in this subsection, the amendments made by section shall apply to taxable years DATE beginning december 31, 2021 DATE . modification of foreign tax credit and as provided in paragraph ( 3 CARDINAL ), the amendments by subsection (c) shall apply to taxes paid or in taxable years DATE beginning after december 2021 DATE . certain made by subsection (c)(4)(b) shall apply to years DATE of foreign corporations beginning after 31, 2017 DATE , and to taxable years DATE of united shareholders in which or with which such years of foreign corporations end. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02148 DATE fmt 6652 CARDINAL sfmt 6201 redetermination of foreign taxes related amendments made by (g) shall take effect on the date which is days DATE after the date of the enactment of this act. secretary shall prescribe providing for the application of subsection (e) of 904 CARDINAL of the internal revenue code of 1986 DATE , as added this section, to any amounts carried over under (c) of such section from a taxable year DATE with respect which such subsection (e) did not apply to a taxable with respect to which such subsection (e) does apply. 138125 DATE . foreign oil and gas extraction income foreign oil related income to oil shale and tar sands. in (1)(a) and (2)(a) of 907(c) are each amended by inserting oil or tar after or gas effective amendments made by section shall apply to taxable years DATE of foreign beginning after december 31, 2021 DATE , and to taxable of united states GPE shareholders in which or with which taxable years DATE of foreign corporations end. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02149 fmt 6652 CARDINAL sfmt 6201 138126 DATE . modifications to inclusion of global low-taxed income. country-by-country application of based on cfc taxable 951a PRODUCT is by adding at the end the following new country-by-country application of based on cfc taxable in any cfc taxable unit of united states GPE shareholder is a tax resident of a which is different from the country with to which any other cfc taxable unit of such states shareholder is a tax such global intangible income for purposes of subsection (a) be the sum of the amounts of global low-taxed income determined separately respect to each country with respect to any cfc taxable unit of such is a tax resident, and for purposes of determining such amounts of global intangible low-taxed any reference in subsection (b), or (d) to a controlled foreign of such shareholder shall be treated as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02150 fmt 6652 sfmt 6201 to a cfc taxable unit of such and net cfc tested net tangible income return, qualified asset investment, interest expense in subsection (b)(2)(b), and such items and amounts as the secretary provide, shall be determined with respect to each such country by such amounts with respect to cfc taxable unit of such shareholder is a tax resident of such country. purposes of this cfc taxable term taxable means any taxable unit clause (ii), (iii), or (iv) of section (determined without regard to the to the taxpayer in clauses (iii) and of such section). application of other used in this subsection which also used in section 904(e) shall have the meaning as when used in such section. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02151 CARDINAL fmt 6652 sfmt 6201 CARDINAL special purposes of this application of certain as otherwise provided by the secretary, similar to the rules of section 904(e) shall allocation of global intangible income to controlled foreign as otherwise provided the secretary, subsection (f)(2) shall be separately with respect to each cfc regulatory in 951a PRODUCT , as amended subsection (a), is amended by adding at the end following new subsection: secretary shall issue such or other guidance as may be necessary or to carry out, or prevent the avoidance of, the of this section, including regulations or guidance provide the treatment of property if such property transferred, or held, temporarily, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02152 fmt 6652 CARDINAL sfmt 6201 the treatment of property if the avoidance the purposes of this section is a factor in the or holding of such property, and appropriate adjustments to the basis of and other ownership interests, and to earnings profits, to reflect tested is amended by striking paragraph ( 4 CARDINAL ). additional regulatory 951a(h CARDINAL ), as added by paragraph ( 1 CARDINAL ), is by striking at the end of paragraph by striking the period at the end of paragraph and inserting a comma, and by adding at the the following new paragraphs: rules similar to the rules provided under regulations or guidance issued under section appropriate basis adjustments, and appropriate adjustment to made, and tax attributes and records to be separately with respect to cfc taxable carryover of net cfc tested in 951a(c) is amended adding at the end the following new paragraph: 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02153 fmt 6652 CARDINAL sfmt 6201 carryover of net cfc tested in the amount in paragraph (1)(b) with respect to any states shareholder for any taxable year DATE such united states GPE shareholder (determined the application of this paragraph) exceeds amount described in paragraph (1)(a) with to such shareholder of such taxable the amount otherwise described in (1)(b) with respect to such shareholder the succeeding taxable year DATE shall be by the amount of such excess. proper adjustment in of global intangible low-taxed to controlled foreign adjustments shall be made in application of subsection (f)(2)(b) to take account any decrease in global intangible income by reason of the application of coordination with 951a(g)(1)(b)(ii), as by subsection (a), is amended by inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02154 fmt 6652 sfmt 6201 DATE after expense described in application of rules with respect to 382(d GPE ) is amended adding at the end the following new paragraph: application to carryover of net cfc term shall any excess carried over under section under rules similar to the rules of reduction in net deemed tangible income for purposes of determining global low-taxed in 951a(b)(2)(a DATE ) is by striking and inserting application to assets located in is amended by adding at the end the new paragraph: application to assets located in of the united the case of specified tangible property located in a of the united states GPE , paragraph ( 2)(a CARDINAL ) and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02155 fmt 6652 CARDINAL sfmt 6201 (d) shall be applied by substituting for in paragraph inclusion of foreign oil and gas income in determining tested income and 951a(c)(2)(a) is amended by inserting at the end of subclause (iii), by striking the end of subclause (iv) and inserting and striking subclause (v). coordination with other 951a(f)(1) is amended by adding at the end the new subparagraph: treatment of certain as otherwise provided by the references to section 951 LAW or section in sections 959 CARDINAL , 961 CARDINAL , 962 CARDINAL and such sections as the secretary may identify include references to section 951a or 951a(a), effective in as otherwise in this subsection, the amendments made by section shall apply to taxable years DATE of foreign beginning after december 31, 2021 DATE , to taxable years DATE of united states GPE shareholders 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02156 fmt 6652 CARDINAL sfmt 6201 which or with which such taxable years DATE of foreign end. certain related made by subsections (b)(1), (b)(2), and shall apply to taxable years DATE of foreign beginning after december 31, 2017 DATE , and to years DATE of united states GPE shareholders in which with which such taxable years DATE of foreign end. 138127. modifications to determination of paid credit for taxes properly to tested income. increase in deemed paid is amended by striking and percent ( 100 percent PERCENT in the case of tested foreign taxes paid or accrued to a possession of the united follows: inclusion of taxes properly attributable tested 960(d)(3 CARDINAL ) is amended to read tested foreign income of paragraph ( 1 CARDINAL ), the term foreign means, with respect to any domestic which is a united states GPE shareholder of controlled foreign corporation, such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02157 DATE fmt 6652 CARDINAL sfmt 6201 rata share (as determined under section the foreign income taxes (within the of section 904(d)(2)(f)) which are attributable to amounts taken into in determining tested income or tested under section 951a(b)(2), and solely to the extent provided in prescribed by the secretary, the foreign taxes (as so defined) paid or accrued by foreign corporation (other than such foreign corporation) which owns, directly indirectly, 80 percent PERCENT or more (by vote or of the stock in such domestic corporation only such foreign income taxes are attributable to amounts of such foreign corporation taken into in determining tested income or loss under section 951a(b)(2), and no credit is allowed, in whole or part, for such foreign taxes in any application of foreign tax credit to amounts included under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02158 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL section 904(d)(2 CARDINAL ) is amended by subparagraph (k) as subparagraph (l) and inserting after subparagraph (j) the following subparagraph: amounts includible under amount includible in gross under section 78 LAW shall be treated as in the same separate category as the foreign taxes deemed section 904(d)(3)(g) is amended by the second ORDINAL sentence and inserting the following: amount included in gross income under section shall not be treated as a effective in as provided in ( 2 CARDINAL ), the amendments made by this section apply to taxable years DATE of foreign corporations after december 31, 2021 DATE , and to taxable of united states GPE shareholders in which or with such taxable years DATE of foreign corporations application of foreign tax credit to amounts included under amendments made by subsection (c) 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02159 fmt 6652 CARDINAL sfmt 6201 CARDINAL apply to taxable years DATE beginning after 31, 2017 DATE . 138128 DATE . deduction for foreign source portion dividends limited to controlled corporations, etc. in 245a PRODUCT is in subsections (a), (c)(1), and (c)(2), by 10-percent PERCENT owned foreign each place it appears and inserting foreign and by striking subsection (b). modifications related to determination status as a controlled foreign subpart f of part iii of subchapter n of 1 CARDINAL is amended by inserting after section the following new section: 951b. amounts included in gross income of controlled united states GPE in the case of any foreign united states shareholder of a foreign controlled this subpart (other than sections 951a CARDINAL , 957 CARDINAL , and 965 CARDINAL ) shall be applied with respect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02160 fmt 6652 CARDINAL sfmt 6201 CARDINAL such shareholder (separately from, and in to, the application of this subpart without to this by substituting controlled states for states each place it appears therein, and by substituting controlled for foreign each place it appears therein, and sections 951a PRODUCT and 965 CARDINAL shall be applied respect to such shareholder by treating each reference to in such sections as a reference to such shareholder, and by treating each reference to foreign in such sections as a reference to such foreign controlled corporation. foreign controlled united states GPE purposes of this section, the term controlled united states GPE means, with to any foreign corporation, any united states GPE which would be a united states shareholder with to such foreign corporation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02161 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 951(b) were applied by substituting than 50 for percent or and section 958(b) were applied without regard paragraph ( 4 CARDINAL ) thereof. foreign controlled foreign purposes of this section, the term foreign means a foreign corporation, than a controlled foreign corporation, which would a controlled foreign corporation if section 957(a) were by substituting controlled united states ORG and by substituting 958(b) (other than (4) for secretary shall prescribe regulations or other guidance as may be necessary appropriate to carry out the purposes of this section, regulations or other to treat a foreign controlled united states GPE or a foreign controlled foreign as a united states GPE shareholder or as a foreign corporation, respectively, for purposes provisions of this title other than this subpart, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02162 fmt 6652 sfmt 6201 to prevent the avoidance of the purposes of section 957(a) is amended to read as controlled foreign of this in term means any foreign corporation if than 50 percent the total combined voting power of all of stock of such corporation entitled to or the total value of the stock of such owned (within the meaning of section 958(a)), or considered as owned by applying the rules of of section 958(b), by united states GPE on any day DATE during the taxable year DATE of such corporation. election to treat a foreign as a controlled foreign for certain in the case of a corporation with respect to which an is in effect under this paragraph, such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02163 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL corporation shall be treated as controlled corporation with respect to all united shareholders of such foreign corporation. (a), such foreign corporation shall be treated as a controlled foreign for purposes of section 951b(c LAW ) or for any purpose if the secretary determines that of such foreign corporation as a foreign corporation for such purpose be inconsistent with the purposes of this by election under (a) shall be effective only if by the foreign corporation and by all states shareholders of such foreign (determined as of the time of election by such foreign corporation). with respect to under this paragraph, once shall apply to such foreign corporation to all united states shareholders of foreign corporation (including any who becomes a united states 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02164 fmt 6652 CARDINAL sfmt 6201 of such foreign corporation such election takes effect). time, manner, under this paragraph shall be made at time and in such manner as the may provide and, once effective, be revoked only with the consent of secretary. secretary shall such regulations or other guidance as may necessary or appropriate to carry out the of this paragraph, including or other guidance for the application of paragraph to an acquisition of assets in section 381(a) from any corporation respect to which an election under this section 958(b) is by inserting after paragraph ( 3 CARDINAL ) the subparagraphs (a), (b), and (c) of 318(a)(3 CARDINAL ) shall not be applied so as to consider united states person as owning stock which is by a person who is not a united states GPE and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02165 fmt 6652 CARDINAL sfmt 6201 by striking in the sentence and inserting ( 1 CARDINAL ) the table of sections for subpart f of part of subchapter n of chapter 1 LAW is amended by after the item relating to section 951a CARDINAL the new item: 951b. amounts included in gross income of foreign controlled united certain other section 245a(b)(1) is amended by striking respect to such section 245a(e)(4) is amended by striking amount and all that follows through which the controlled foreign corporation a and inserting dividend from a controlled foreign corporation for such controlled foreign corporation received a section 245a(e)(1) is by striking and hybrid and by striking the dividend is a hybrid section 245a(g LAW ) is amended to read as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02166 fmt 6652 CARDINAL sfmt 6201 DATE secretary shall prescribe regulations or other guidance as may be necessary appropriate to carry out the provisions of this section, regulations or other guidance the treatment of united states ORG owning stock of a controlled foreign through a partnership, and the denial of all or a portion of the under this section with respect to dividends from foreign corporations in situations in any portion of the dividend is out of and profits arising from dispositions to parties are not made in the ordinary of a trade or business, and are made on or after january 1, and during a taxable year DATE to which 951a ORG did not apply, or a transfer or issuance of stock on or january 1, 2018, results in a reduction in united states GPE pro rata share a controlled foreign subpart f or tested income (as defined in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02167 CARDINAL fmt 6652 CARDINAL sfmt 6201 section 246(b)(1) is amended to read as general as provided in ( 2 CARDINAL ), the aggregate amount of the allowed by section 243(a)(1 LAW ) and subsection (a) (b) of section 245 LAW shall not exceed the determined under paragraph ( 3 CARDINAL ) of the taxable computed without regard to the deductions by section 172 LAW , section 243(a)(1), (a) and (b) of section 245 LAW , and section 250 LAW , regard to any adjustment under section and without regard to any capital year under section section 246(c)(1) is amended by striking and all that follows through inserting 243 CARDINAL , 245 CARDINAL , or for purposes of section 78 LAW of the internal code of 1986 DATE , as in effect on the day DATE before enactment of public law 115-97, with respect to years of foreign corporations beginning january 1, 2018 DATE , and ending after december 2017 DATE , any reference to section 245 LAW of such code be treated as including a reference to section of such code (as added by such public law). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02168 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective in amendment made by (a) shall apply to distributions made after date of the enactment of this act. modifications related to of status as a controlled foreign amendments made by subsection shall apply the last taxable year DATE of foreign beginning before january 1, 2018 DATE , each subsequent taxable year DATE of such corporations, and taxable years DATE of united states GPE persons which or with which such taxable years DATE of corporations end. certain other made by subsection (c) shall apply to made after december 31, 2017 DATE . 138129 DATE . limitation on foreign base company and services income. foreign base company sales 954(d)(2 CARDINAL ) is amended to read as follows: in purposes of this the term shall not 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02169 fmt 6652 sfmt 6201 any person unless such person is a unit (within the meaning of section 904(e)) is a tax resident of the united states GPE . secretary shall such regulations or other guidance as may necessary or appropriate to carry out the of this paragraph, including or other guidance providing for the proper of subparagraph (a) in the case of series of transactions in which a person in subparagraph (a) is a foreign base company services 954(e)(1)(a CARDINAL ) is amended by striking and inserting certain other section 951(a)(1 LAW ) is by striking last in the matter subparagraph (a) and inserting by striking each place it appears inserting and by inserting such shareholder owns the meaning of section 958(a)) stock of foreign corporation as of the close of the relevant day of such foreign 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02170 fmt 6652 CARDINAL sfmt 6201 DATE before in (b). section 951(a) is amended by striking ( 2 CARDINAL ) and inserting the following new pro rata share of subpart f the case of any united states GPE with respect to a foreign corporation, the pro share referred to in paragraph (1)(a) is the if such shareholder owns (within the of section 958(a)) stock of such corporation as of the close of the last day DATE of such foreign taxable such general pro rata share under paragraph ( 3 CARDINAL ), plus if such shareholder owns (within the of section 958(a)) stock of such corporation during such taxable year DATE but not own (within the meaning of section such stock as of the close of such last day, such nontaxed dividend share determined under (4). general pro rata 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02171 fmt 6652 sfmt 6201 in the case of any states shareholder with respect to a corporation, the general pro rata share under this paragraph is the excess (if the pro rata current earnings of the amount which bears the ratio to such subpart f for the taxable year (reduced by aggregate nontaxed current dividend determined under paragraph ( 4 CARDINAL ) respect to such shareholder or any united states GPE shareholder) as the of such year DATE during which such is a controlled foreign corporation to the entire year DATE , over the lesser the amount of any period dividends with respect to of such corporation such shareholder owns (within meaning of section 958(a)) as of close of the last relevant day DATE of or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02172 fmt 6652 CARDINAL sfmt 6201 the amount which bears the ratio to the subpart f income of corporation for the taxable year by the aggregate nontaxed dividend shares determined paragraph ( 4 CARDINAL ) with respect to shareholder or any other united shareholder) as the part of year DATE during which such did not own (within the of section 958(a)) such stock to the entire year DATE . pro rata current earnings purposes of the term rata current earnings means, in the case of any united shareholder with respect to a foreign for any taxable year DATE of such foreign the ratio (expressed as a the amount which would have distributed with respect to the stock such shareholder owns (within the of section 958(a)) in such if on the last relevant day DATE of such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02173 fmt 6652 CARDINAL sfmt 6201 year DATE it had distributed its earnings profits for such taxable year DATE as of the close of such taxable year DATE diminution by reason of any made during such taxable year DATE ), by such earnings and for such taxable year DATE (as so pre-holding period purposes of subparagraph (a)(ii)(i), the period means, in case of any united states GPE shareholder with to a foreign corporation for any taxable of such foreign corporation, dividends made out of such and profits for the taxable year than nontaxed current dividends as in paragraph (4)(c)), and by any other united states with respect to stock of such corporation which such owns (within the meaning of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02174 fmt 6652 CARDINAL sfmt 6201 958(a)) as of the close of the relevant day of such foreign taxable year DATE , and while such foreign was a controlled foreign and before such shareholder (within the meaning of section such stock. nontaxed current dividend in the case of any states shareholder with respect to a corporation, the nontaxed current dividend determined under this paragraph is the current dividend percentage of the f income of such foreign corporation the taxable year. nontaxed current dividend purposes of this paragraph, the current dividend in the case of any united states GPE with respect to a foreign corporation for taxable year DATE of such foreign corporation, ratio (expressed as a percentage) the amount of nontaxed current with respect to such taxable year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02175 DATE fmt 6652 sfmt 6201 with respect to the stock of such corporation which such shareholder (within the meaning of section at the time of the dividend on a in which such corporation is a foreign corporation, divided by such foreign and profits for such taxable year DATE as of the close of such taxable without diminution by reason of any made during such taxable nontaxed current purposes of this paragraph, the term current means the portion any amount received with respect to stock to extent such amount (without regard to included in the gross income of a states shareholder for the taxable year reason of this would result in a dividend out of earnings and profits for taxable year DATE (including a dividend section 1248 attributable to and profits for the taxable year), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02176 fmt 6652 sfmt 6201 would give rise to a under section 245a(a LAW ), or in the case of a dividend directly or indirectly to a foreign corporation with to stock owned by the within the meaning of section would not result in subpart income with respect to such foreign corporation by reason subsection (b)(4), (c)(3), or (c)(6) section 954 CARDINAL . amount treated as the foreign-source of a dividend under section shall be treated as nontaxed dividends for purposes of this last relevant day of taxable year DATE a controlled foreign of this subsection, the term relevant means, with respect to any taxable year DATE of a corporation, the last day DATE of such taxable year DATE which such corporation is a controlled foreign 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02177 fmt 6652 CARDINAL sfmt 6201 CARDINAL secretary may such regulations or other guidance as may be or appropriate to carry out the purposes this subsection, including regulations or other to treat a partnership as an of its partners, to provide rules allowing a foreign to close its taxable year upon a in ownership, and to treat a distribution followed by an of stock to a shareholder not subject tax under this chapter in the same manner an acquisition of section 951a(e)(1) is amended by striking under the rules of section 951(a)(2 LAW ) in same manner as such section applies to subpart and inserting under rules to the rules of section section 951a(e)(2) is amended to read as treatment as united states person shall ORG be treated as a united shareholder of a controlled foreign 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02178 fmt 6652 sfmt 6201 for any taxable year DATE of such person if such is a united states GPE shareholder of foreign corporation on any day DATE in such year, and owns (within the meaning of section stock in such foreign corporation on day in such taxable year DATE which is part of taxable year DATE of such foreign corporation with to which such foreign corporation is a foreign section 953(c)(5)(a)(i CARDINAL ) is in subclause (i), by adding at end, in subclause by striking the last day of the and inserting the and by striking at the end and and by striking subclause (iii). section 78 LAW is amended by striking certain related prospective 961(c) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02179 fmt 6652 sfmt 6201 by striking adjustments in heading of such subsection and inserting of rules and by striking adjustments similar all that follows in such subsection and inserting rules similar to the rules of subsections (a) (b) shall apply such stock, stock in any other controlled foreign by reason of which the united states GPE is considered under section 958(a)(2) as the stock described in paragraph ( 1 CARDINAL ), and property by reason of which the united shareholder ORG is considered as owning stock in paragraph ( 1 CARDINAL ) or ( 2 CARDINAL ). preceding sentence shall not apply with respect to any or property to which subsection (a) or (b) effective in as otherwise in this subsection, the amendments made by section shall apply to taxable years DATE of foreign beginning after december 31, 2021 DATE , to taxable years DATE of united states GPE shareholders which or with which such taxable years DATE of foreign end. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02180 fmt 6652 sfmt 6201 CARDINAL certain other the amendments made by subsection shall apply to distributions made after 31, 2017 DATE . the amendment made by subsection apply to taxable years DATE of foreign beginning after december 31, 2017 DATE , and taxable years DATE of united states GPE shareholders which or with which such taxable years DATE of corporations end. international provisions 138131 DATE . modifications to base erosion and anti- tax. modifications to base erosion minimum is amended by striking percent ( 5 CARDINAL in the case of taxable years DATE beginning in year and inserting applicable base erosion minimum tax amount without regard to is amended to read as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02181 fmt 6652 sfmt 6201 an amount equal to the regular tax (as defined in section 26(b LAW )) of the for the taxable is amended to read as follows: applicable purposes this subsection, the term applicable percentage in the case of any taxable year DATE after december 31, 2021, and before 1, 2024 DATE , 10 percent PERCENT , in the case of any taxable year DATE after december 31, 2023 DATE , and before 1, 2026 DATE , 12.5 percent PERCENT , and in the case of any taxable year DATE after december 31, 2025, 15 CARDINAL taxpayers subject to rules for banks securities 59a(b)(3)(b) amended to read as follows: taxpayer taxpayer described in this subparagraph if such a bank (as defined in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02182 fmt 6652 CARDINAL sfmt 6201 a securities dealer registered section 15(a) of the securities act of 1934 DATE , or a member of an affiliated group defined in section 1504(a)(1 LAW ), without which includes any person in clause (i) or general business credit allowed base erosion and anti-abuse 38(c)(1) is amended by striking tax by section and inserting taxes by sections 55 DATE and conforming section 59a(b)(3)(a CARDINAL ) is amended by (1)(a) and (2)(a) shall and inserting ( 2 CARDINAL ) section 59a(b) is amended by striking ( 4 CARDINAL ). modification of rules for determining taxable in 59a(c) is amended read as follows: modified taxable purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02183 fmt 6652 CARDINAL sfmt 6201 in term taxable means the taxable income of the taxpayer under this chapter for the taxable year DATE the following adjustments: base erosion tax erosion tax benefit shall be determined regard to any base erosion payment in paragraphs ( 1 CARDINAL ) through (4) of (d), including for purposes of the adjusted basis of property described subsection (d)(2). base erosion basis adjustments respect to cost of goods of goods sold shall be determined without to any base erosion payment described subparagraph (a) or (b) of subsection net operating net loss deduction for the taxable year section 172 CARDINAL shall be by substituting taxable for in subsection thereof, by determining any net operating arising in any taxable year DATE beginning 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02184 fmt 6652 sfmt 6201 december 31, 2021 DATE , without regard any deduction which is a base erosion benefit (determined with respect to such taxable year DATE ), and by making appropriate the application of subsection thereof to take into account clause of this subparagraph as though such applied with respect to taxable years DATE after december 31, 2021 (but applying section 172(e) for purposes of the amount of modified income). application of certain other as otherwise provided the secretary, rules similar to the rules of (g) and (h) of section 59 LAW shall base erosion tax term erosion tax any deduction allowed under this for the taxable year DATE with respect to any erosion payment described in subsection 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02185 fmt 6652 sfmt 6201 in the case of a base erosion payment in subsection (d)(2), any deduction under this chapter for the taxable year DATE depreciation (or amortization in lieu of with respect to the property with such payment, in the case of a base erosion payment in subsection any reduction under section in the gross amount of and other consideration on and annuity contracts for premiums other consideration arising out of insurance, and any deduction under section from the amount of gross written on insurance contracts the taxable year DATE for premiums paid reinsurance, and in the case of a base erosion payment in subsection (d)(4), any reduction in receipts with respect to such payment in gross income of the taxpayer for the year DATE for purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02186 fmt 6652 CARDINAL sfmt 6201 CARDINAL certain payments with respect to treated as base erosion 59a(d CARDINAL ) is amended by redesignating ( 5 CARDINAL ) as paragraph ( 6 CARDINAL ) and by inserting after (4) the following new paragraph: certain payments with respect to indirect costs included in under section term also include any amount paid or accrued the taxpayer to a foreign person which is a party of the taxpayer if such amount is paragraph of section and required to be included in costs of the taxpayer under paragraph of such section. certain indirect costs of related term shall also so much of any amount paid or accrued the taxpayer to a foreign person which is a party of the taxpayer in connection with acquisition by the taxpayer from such person of property which is inventory in hands of the taxpayer as exceeds the sum 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02187 fmt 6652 sfmt 6201 the direct costs of such property the hands of such foreign person, plus so much of the costs described in 263a(a)(2)(b) with respect to such in the hands of such foreign as the taxpayer demonstrates to the of the secretary are to paid or accrued by such person to a united states person a person which is not a related of the taxpayer, or otherwise subject to the tax by this subtitle. application to tiered related- the case of direct otherwise described in clause (i) of (b) which are paid or incurred by foreign person referred to in such clause to foreign person which is a related party the taxpayer, such costs shall be taken into under such clause only to the extent the taxpayer demonstrates to the of the secretary that such costs are to amounts paid or accrued (directly or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02188 fmt 6652 CARDINAL sfmt 6201 to a united states person or a which is not a related party of the safe harbor with respect costs of foreign related the case of a taxpayer which elects the of this subparagraph (at such time, in manner, and with respect to such property, as the secretary may provide), amount described in subparagraph (b)(ii) respect to such property shall be treated purposes of this section as being equal to 20 CARDINAL of the amount paid or incurred by the to the related party of the taxpayer in with the acquisition of such expansion and consolidation of rules exempt certain payments from treatment base erosion in 59a DATE is by redesignating subsection (i) as subsection and by inserting after subsection (h) the new subsection: certain payment not treated as base 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02189 CARDINAL fmt 6652 sfmt 6201 CARDINAL exception for payments on which is amount shall not be treated a base erosion payment if tax is imposed by this with respect to such amount. the amount treated as a base erosion payment by reason of preceding sentence shall be determined under similar to the rules of section 163(j)(5) (as in before the date of the enactment of public 115-97 CARDINAL ). exception for certain payments to sufficient foreign in amount shall not treated as a base erosion payment if the establishes to the satisfaction of the that such amount was subject to an rate of foreign income tax (as defined in 904(d)(2)(f)) which is not less than the percentage in effect under subsection for the taxable year in which such is paid or accrued. except as otherwise by the secretary under subparagraph the effective rate of foreign income tax respect to any amount may be established the basis of applicable financial statements defined in section 451(b)(3 LAW )). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02190 fmt 6652 sfmt 6201 DATE secretary shall such regulations or other guidance as may necessary or appropriate to carry out the of this paragraph, including or other guidance providing procedures for the effective rate of foreign income to which any amount is subject. such may require that any transaction or of transactions among multiple parties be as one CARDINAL or more transactions among any 2 CARDINAL or more of such parties the secretary determines that such is appropriate to carry out, or avoidance of, the purposes of this exception for certain amounts with to (d)(1) and shall not apply to so much of any amount or accrued by a taxpayer for services as does exceed the total services cost of such services. preceding sentence shall not apply unless such meet the requirements for eligibility for use the services cost method under section 482 LAW without regard to the requirement that the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02191 fmt 6652 sfmt 6201 not contribute significantly to fundamental of business success or conforming as amended by paragraph ( 2 CARDINAL ), by striking paragraph ( 6 CARDINAL ). repeal of exemption from base erosion anti-abuse tax for taxpayers with low base 59a(e)(1)(c CARDINAL ) is by inserting the case of any taxable year beginning january 1 DATE , before base erosion other section 59a(h)(2)(b LAW ) is amended by and inserting section 59a(j)(2), as redesignated by (b), is amended by striking and inserting effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02192 fmt 6652 CARDINAL sfmt 6201 CARDINAL business tax provisions 138141 DATE . credit for clinical testing of orphan limited to first ORDINAL use or read as follows: in 45c(b)(2)(b GPE ) is amended testing must be related to use or indication for rare disease clinical testing may be into account under subparagraph (a) to the extent such testing is related to the use or indication with respect to which a for a rare disease or condition is under section 526 LAW of the federal food, and cosmetic eligible testing must be conducted approval for any use or is amended to read as follows: before the first ORDINAL date on an application (with respect to use or indication with respect to disease or condition) with respect such drug is approved under 505(c) of such act or, if the drug a biological product, before the first ORDINAL on which a license (with respect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02193 fmt 6652 CARDINAL sfmt 6201 any use or indication with respect any disease or condition) for such is issued under section 351(a) of public health service act, eligibility of biological in 45c(b)(2)(a)(i CARDINAL ) is by inserting if the drug is a biological section 351(a)(3) of the public health before the comma at the end. is amended by striking and inserting federal food, drug, and effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138142 DATE . modifications to treatment of certain losses from certain capital assets which is amended by striking the last day the taxable and inserting the time of identifiable event establishing 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02194 fmt 6652 sfmt 6201 CARDINAL treatment of partnership 165(g)(2)(c DATE ) is amended by by a after a treatment of partnership 165 CARDINAL is amended by redesignating subsection as subsection (n) and by inserting after (l) the following new subsection: worthless partnership any in a partnership becomes worthless during the year DATE , the loss resulting therefrom shall, for of this subtitle, be treated as a loss from the sale exchange of the interest in the partnership, as provided section 741 LAW , at the time of the identifiable event deferral of losses in certain controlled corporate 267 CARDINAL by adding at the end the following new deferral of losses in certain group in the case of two CARDINAL described in subsection (b)(3), no loss shall be on the stock or securities of the corporation in a complete liquidation to which 331 CARDINAL applies until the other corporation 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02195 fmt 6652 CARDINAL sfmt 6201 property distributed in such liquidation with to such stock or in exchange for such has disposed of substantially all property such corporation received in such liquidation to one CARDINAL more persons who are not related to such other (within the meaning of subsection (b)(3) section 707(b)(1 CARDINAL )). secretary shall issue regulations or other guidance as the secretary is necessary or appropriate to carry out purposes of this subsection, including to apply principles of this subsection to liquidating stock or securities owned by a corporation through 1 CARDINAL or more cross 331(c) is by striking and all follows through general and the following: for general and by adding at the end the following new for losses in controlled group liquidations, section effective 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02196 fmt 6652 CARDINAL sfmt 6201 CARDINAL subsection amendments made this section shall apply to losses arising in taxable beginning after december 31, 2021 DATE . subsection amendment made subsection (b) shall apply to liquidations on or the date of the enactment of this act. 138143 CARDINAL . adjusted basis limitation for divisive in 361 CARDINAL is amended by adding the end the following new subsections: adjusted basis limitation for divisive in as provided ( 2 CARDINAL ), in the case of a reorganization described section 368(a)(1)(d) with respect to which stock securities of the controlled corporation (within the of section 355 LAW ) are distributed by the corporation (within the meaning of such in a transaction which qualifies under such subsection (b)(3) and subsection (c)(3) shall apply to so much of the money and other transferred to creditors as equals an amount to the excess (if any) the sum 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02197 fmt 6652 sfmt 6201 the total amount of the liabilities (within the meaning of section by the controlled corporation, in the case of subsection (b)(3), total amount of money and the fair value of other property (including described in section 354(a)(2)(c)) to the creditors, and in the case of subsection (c)(3), total principal amount of securities of controlled corporation which is property (as defined in subsection transferred to the creditors, the total adjusted bases of the assets by the distributing corporation to controlled corporation. exception regarding certain stock rights to acquire ( 1 CARDINAL ) not apply to any stock (or right to acquire described in subsection (c)(2)(b). secretary shall issue regulations as may be necessary or appropriate prevent avoidance of tax through abuse of (b)(3), subsection (c)(3), or this subsection, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02198 DATE fmt 6652 sfmt 6201 to determine whether a disposition of or any other transaction is in connection with reorganization or pursuant to the plan of provisions providing the inclusion of income or recognition of gain in certain see subsections (d), (e), (f), (g), and (h) of conforming section 361(b)(3) is in the first ORDINAL sentence, by inserting except as provided in subsection after and by striking the second ORDINAL and third ORDINAL section 361(c) is in paragraph ( 3 CARDINAL ), by inserting and as provided in subsection after and by striking paragraph ( 5 CARDINAL ). effective amendments made by section shall apply to reorganizations occurring on or the date of the enactment of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02199 fmt 6652 CARDINAL sfmt 6201 138144 DATE . rents PERSON from prison facilities not as qualified income for purposes of income tests. in 856(d)(2) is amended by at the end of subparagraph (b), by striking period at the end of subparagraph (c) and inserting and by adding at the end the following new any amount received or accrued, or indirectly, with respect to any real or property which is primarily used in with any correctional, detention, or effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138145. modifications to exemption for interest. in 871(h)(3)(b)(i DATE ) is to read as follows: in the case of an obligation issued a any person who owns 10 CARDINAL or more of the total combined power of all classes of stock of corporation entitled to vote, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02200 fmt 6652 sfmt 6201 any person who owns 10 CARDINAL or more of the total value of stock of such corporation, effective amendment made by section shall apply to obligations issued after the date the enactment of this act. 138146 DATE . certain partnership interest in 871(m) is amended by at the end the following new paragraphs: specified partnership interest equivalent in purposes of this any payment made pursuant to a transaction, or a specified principal contract, that is determined by to any income or gain in respect of an in a specified partnership (or any other the secretary determines to be similar) shall be treated as a dividend specified of this paragraph, the term 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02201 fmt 6652 CARDINAL sfmt 6201 any publicly-traded partnership defined in subsection (b) of section which is not treated as a under such section, or any other partnership as the may by regulation prescribe. excepted (a) shall not apply to any or transaction the secretary does not have the potential for tax certain such as the secretary shall there shall not be taken into under subparagraph (a) any the income or gain from which would for this paragraph) exempt from taxes under subtitle, or treated as from without the united states GPE if to a nonresident alien individual. treatment of definitions and rules with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02202 fmt 6652 sfmt 6201 DATE purposes of this paragraph, rules to the rules and definitions in ( 3 CARDINAL ), ( 4 CARDINAL ), ( 5 CARDINAL ), ( 6 CARDINAL ) and (7) shall apply to interest in a specified partnership in a similar to an underlying security, and to or gain in respect of an interest in a partnership in a manner similar to a other rules relating to treatment dividend in dividend equivalent under this subsection shall be treated a dividend paid by a domestic corporation. rate of tax for publicly traded income the case a payment treated as a dividend equivalent to paragraph (8), the rate of tax on any nonresident alien individual or corporation with respect to such shall not be less than the rate that would imposed had such individual or foreign as the case may be, received a from a domestic corporation in which such or foreign corporation owned less 1 percent PERCENT (by vote or value) of the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02203 fmt 6652 sfmt 6201 withholding of tax on nonresident 1441 DATE is amended by redesignating (g) as subsection (h) and by inserting after (f) the following new subsection: deemed dividend equivalent payments in of certain publicly traded secretary may prescribe regulations, under rules to the rules of section 1446(f), to determine the in which the amount of income and gain is determined purposes of this section in the case of amounts treated a dividend equivalent under section effective amendments made by section shall apply to payments made on or after the that is 180 days DATE after the date of the enactment of act. 138147. adjustments to earnings and profits of foreign corporations. in 312(n) is amended by at the end the following new paragraph: special rules for controlled and profits of any foreign corporation shall be determined regard to paragraphs ( 4 CARDINAL ), ( 5 CARDINAL ), and conforming 952(c) is by striking paragraph ( 3 CARDINAL ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02204 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE of foreign beginning after december 31, 2021 DATE , and to taxable of united states GPE shareholders in which or with which taxable years DATE of foreign corporations end. 138148 DATE . certain dividends from controlled corporations to united states ORG treated as dividends. in 1059 DATE is amended by subsection (g) as subsection (h) and by after subsection (f) the following new subsection: treatment of certain dividends from foreign corporations to united in as otherwise by the secretary, any disqualified cfc shall be treated as an extraordinary dividend to paragraph ( 1 CARDINAL ) and ( 2 CARDINAL ) of subsection (a) without regard to the period the taxpayer held stock with respect to which such dividend is disqualified cfc for of this subsection, the term cfc means any dividend paid by a controlled 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02205 fmt 6652 sfmt 6201 CARDINAL corporation to a taxpayer which is a united shareholder of such foreign corporation such dividend is attributable to and profits were earned by such controlled corporation during a disqualified or are attributable to gain on which accrued during a disqualified disqualified purposes of subsection, the term means, respect to any dividend paid with respect to any of a controlled foreign corporation, any period such foreign corporation was not a foreign corporation, or such stock was not owned by a states 1059(h), as by subsection (a), is by striking both places it and inserting or other 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02206 fmt 6652 CARDINAL sfmt 6201 by striking at the end of paragraph by striking the period at the end of paragraph and inserting and by adding at the end following new paragraph: providing for the coordination of (g) with the other provisions of this chapter, section effective amendments made by section shall apply to distributions made after the of the enactment of this act. 138149 DATE . modification of rules for partnership held in connection with the of services. in 1061 DATE is amended by subsections (a) and (b) and inserting the following new in one CARDINAL or more applicable interests are held by a taxpayer at any time during taxable year, the net applicable partnership for such taxable year shall be treated as short-term gain. of this net applicable partnership in term applicable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02207 fmt 6652 CARDINAL sfmt 6201 the net long-term capital determined by only taking into account and losses with respect to one CARDINAL or more partnership interests described in (a), and any other amounts which includible in the gross income of taxpayer with respect to one CARDINAL or more applicable partnership interests, and treated as capital gain or subject tax at the rate applicable to capital holding period in applicable gain shall be determined without regard any amount which is realized after the date is 5 years DATE after the latest of: the date on which the taxpayer substantially all of the applicable interest with respect to which amount is realized. the date on which the in which such applicable partnership is held acquired substantially all of assets held by such partnership. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02208 fmt 6652 CARDINAL sfmt 6201 DATE if the partnership described in (i) owns, directly or indirectly, in one CARDINAL or more other partnerships, the determined by applying rules similar the rules in clauses (i) and (ii) in the of each such other partnership. shorter holding period in be applied by substituting for in the case a taxpayer (other than a trust or with an adjusted gross income without regard to sections 911 CARDINAL , and 933 CARDINAL ) of less than $400,000 MONEY , and any income with respect to any partnership interest that is to a real property trade or within meaning of the secretary is directed to guidance regarding determination of amount described in subsection (a) as in paragraph ( 1 CARDINAL ) hereof, and any and appropriate reporting by any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02209 fmt 6652 CARDINAL sfmt 6201 to carry out the purposes of section. section 83 CARDINAL to not section be applied without regard to section 83 and election in effect under section 83(b LAW ). special the extent provided the secretary, subsection (a) shall not apply to or gain attributable to any asset not held for investment on behalf of third ORDINAL party modifications related to definition of partnership 1061(c DATE ) in paragraph ( 1 CARDINAL ), by striking such other and inserting respect to a trade or that is not an applicable trade or in paragraph ( 3 CARDINAL ), by striking interest in partnership to the extent of the interest in any of the and as otherwise provided by the an interest in a partnership if such has a direct or indirect interest in any of the and in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02210 fmt 6652 CARDINAL sfmt 6201 by striking and inserting as otherwise provided by the secretary, and in subparagraph (a), by striking and inserting recognition of gain on transfers of partnership interests to unrelated 1061(d) is amended to read as follows: transfer of applicable partnership a taxpayer transfers any applicable interest, gain shall be recognized notwithstanding any provision of this 1061(e) is amended by the period at the end and inserting the following: including regulations or other guidance to prevent the avoidance of the purposes of section, including through the distribution of by a partnership and through carry and to provide for the application of this to financial instruments, contracts or interests entities other than partnerships to the extent or appropriate to carry out the purposes of 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02211 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138150 DATE . limitation on certain special rules for 1202 DATE gains. in 1202(a) is amended by at the end the following new paragraph: the case of the sale or exchange of small business stock after september 13 DATE , paragraphs ( 3 CARDINAL ) and (4) shall not apply to any the adjusted gross income of such (determined without regard to this and sections 911 CARDINAL , 931 CARDINAL , and 933 CARDINAL ) equals exceeds $ 400,000 MONEY , or such taxpayer is a trust or effective as provided in (c), the amendment made by this section shall to sales and exchanges on or after september 13 DATE , binding contract made by this section shall not apply to any sale or which is made pursuant to written binding 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02212 fmt 6652 CARDINAL sfmt 6201 which was in effect on september 12, 2021 DATE , and is modified in any material respect thereafter. 138151 DATE . constructive sales. application to appreciated digital 1259(b)(1 CARDINAL ) by inserting after 1259(d DATE ) by adding at the end the following new digital as otherwise by the secretary, the term any digital representation of value which is on a cryptographically secured distributed or any similar technology as specified by the treatment of certain is amended by inserting enters into a to after effective in amendments made by (a) shall apply to constructive sales after the application of the amendment 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02213 fmt 6652 sfmt 6201 by subsection (b)) after the date of the of this act. treatment of certain amendment made by subsection (b) shall apply contracts entered into after the date of the of this act. 138152 DATE . rules relating to common control. clarification of trade or 52(b) is amended by adding at the end the following sentence: purposes of this subsection, the term or includes any activity treated as a trade business under paragraph ( 5 CARDINAL ) or ( 6 CARDINAL ) of section effective amendment made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138153 DATE . wash sales by related parties; wash of specified assets. application of wash sale rules to 1091(a) is amended by striking taxpayer has and inserting taxpayer a related party) has modification of basis adjustment rule to transfer of losses to related 1091(d) is amended to read as follows: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02214 fmt 6652 CARDINAL sfmt 6201 CARDINAL adjustment to basis in case of wash the taxpayer (or the spouse) substantially identical specified assets during the begins 30 days DATE before the disposition with to which a deduction was disallowed under (a), and ends with the close of the first year DATE which begins after such disposition, basis of such specified assets shall be increased by the of the deduction so disallowed (reduced by any of such deduction taken into account under this to increase the basis of specified assets related 1091 DATE is amended by at the end the following new subsection: related purposes of this in term the spouse, any dependent of the taxpayer and other taxpayer with respect to whom the is a dependent, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02215 fmt 6652 sfmt 6201 any individual, corporation, trust, or estate which controls, or is by, (within the meaning of section the taxpayer or any individual in subparagraph (a) or (b) with respect the taxpayer (or any combination thereof), any individual retirement plan, msa (as defined in section 220(d)), or savings account (as defined in section of the taxpayer or of any individual in subparagraph (a) or (b) with respect the taxpayer, any account under a qualified tuition described in section 529 LAW or a coverdell savings account (as defined in section if the taxpayer, or any individual in subparagraph (a) or (b) with respect the taxpayer, is the designated beneficiary of account or has the right to make any with respect to the investment of any in such account, and any account a plan described section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02216 fmt 6652 sfmt 6201 403(a), 403(b), or an annuity plan described in an annuity contract described in an eligible deferred plan described in section 457(b) and by an employer described in 457(e)(1)(a DATE ), the taxpayer or any individual described in (a) or (b) with respect to the has the right to make any decision respect to the investment of any amount in account. rules for determining relationships determined at of under (1) shall be made as of the time of purchase or exchange referred to in (a) except that determinations under (a) and (b) of paragraph ( 1 CARDINAL ) be made for the taxable year which such purchase or exchange. determination of marital 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02217 fmt 6652 sfmt 6201 in as in clause (ii), marital status shall be under section 7703 LAW . special rule for married filing separately and husband and wife file separate returns for any year DATE , and live apart at all times such taxable year DATE , not be treated as married individuals. secretary shall issue regulations or other guidance as may be to prevent the avoidance of the purposes of subsection, including regulations which treat as related parties if such persons are formed availed of to avoid the purposes of this wash sale rules to apply with respect specified specified 1091 DATE , as by the preceding provisions of this section, amended by adding at the end the following new 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02218 CARDINAL fmt 6652 CARDINAL sfmt 6201 specified purposes of this the term means any of the following: any security described in subparagraph (b), (c), (d), or (e) of section 475(c)(2 LAW ). any foreign currency. any commodity described in subparagraph (b), or (c) of section 475(e)(2 LAW ). any digital representation of value which recorded on a cryptographically secured ledger or any similar technology as specified by secretary. term shall, except as provided in regulations, include or options to acquire or sell any specified (a), conforming 1091 DATE by striking the last sentence of by striking or each it appears and inserting and by striking each place it in subsections (a), (b), and (c). exception for business needs and 1091 DATE , as amended by the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02219 fmt 6652 sfmt 6201 provisions of this section, is amended by adding the end the following new subsection: exception for business needs and as provided in regulations by the secretary, subsection (a) shall not apply the case of any sale or other of a foreign currency or commodity in subsection (h), and is directly related to the business of a trade or business of the taxpayer than the trade or business of trading currencies or commodities described in (h)), or is part of a hedging transaction (as in section effective amendments made by section shall apply to sales and other dispositions december 31, 2021 DATE . increases for high-income 138201 DATE . increase in top marginal individual tax rate. re-establishment of 39.6 percent PERCENT rate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02220 fmt 6652 sfmt 6201 CARDINAL married individuals filing joint and surviving table in section 1(j)(2)(a LAW ) is amended by striking last two CARDINAL rows and inserting the following: $ 400,000 MONEY but not over plus 35% PERCENT of the excess over $ 450,000 MONEY plus 39.6% PERCENT of the excess heads of table in section 1(j)(2)(b LAW ) is amended by striking last two CARDINAL rows and inserting the following: $ 200,000 MONEY but not over plus 35% PERCENT of the excess over $ 425,000 MONEY plus 39.6% PERCENT of the excess unmarried individuals other than heads of table contained in section 1(j)(2)(c DATE ) is by striking the last two CARDINAL rows and inserting following: $ 200,000 MONEY but not over plus 35% PERCENT of the excess $ 400,000 MONEY plus 39.6% PERCENT of the $ 200,000 MONEY over married individuals filing separate is amended by striking the last two CARDINAL rows inserting the following: $ 200,000 MONEY but not over plus 35% PERCENT of the excess $ 225,000 MONEY plus 39.6% PERCENT of the excess $ 200,000 MONEY 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02221 fmt 6652 CARDINAL sfmt 6211 DATE estates and table in section 1(j)(2)(e LAW ) is amended by striking last row and inserting the following: $ 12,500 MONEY plus 39.6% PERCENT of the excess is amended to read as follows: taxable years DATE after december 31, 2021, the secretary shall tables which shall apply in lieu of the contained in paragraph ( 2 CARDINAL ) in the same manner under paragraphs ( 1 CARDINAL ) and ( 2 CARDINAL ) of subsection (f) without regard to clauses (i) and (ii) of ( f)(2)(a WORK_OF_ART ), except that in prescribing such except as provided in subparagraph subsection (f)(3) shall be applied by year for DATE year DATE in subparagraph (a)(ii) thereof, in the case of adjustments to the amounts at which the 39.6 percent PERCENT rate begins (other than such dollar amount paragraph no adjustment shall be made for years DATE beginning after december 2021, and before january 1, 2023, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02222 fmt 6652 CARDINAL sfmt 6201 in the case of any taxable year DATE after december 31, 2022 DATE , (f)(3) shall be applied by year DATE for subsection (f)(7)(b) shall apply to unmarried individual other than a surviving and subsection (f)(8) shall not modification to 39.6 percent PERCENT rate for high-income taxpayers after is amended to read as follows: modifications to 39.6 percent PERCENT rate the case of taxable years DATE beginning december 31 DATE , in rate of tax under (a), (b), (c), and (d) on a income in excess of the 39.6 percent PERCENT bracket threshold shall be taxed at a rate 39.6 percent PERCENT . 39.6 CARDINAL bracket purposes of this paragraph, term percent rate bracket 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02223 fmt 6652 CARDINAL sfmt 6201 in the case any taxpayer in subsection (a), $ 450,000 MONEY , in the case of any taxpayer in subsection (b), $ 425,000 MONEY , in the case of any taxpayer in subsection (c), $ 400,000 MONEY , and in the case of any taxpayer in subsection (d), $ 225,000 MONEY . inflation of this paragraph, with respect to taxable beginning in calendar years after 2025 DATE , of the dollar amounts in subparagraph (b) be adjusted in the same manner as under (1)(c)(i), except that subsection shall be applied by substituting for conforming section 1(j)(1) is amended by striking 31 CARDINAL , and inserting 31 CARDINAL , the heading of section 1(j LAW ) is amended by and inserting the heading of section 1(i LAW ) is amended by and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02224 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 15(f) is amended by striking and inserting section 15 LAW not to rules providing section 15 LAW of the internal revenue code of 1986 DATE does apply to the amendments made by this section, see 1(j)(6) and 15(f) of the internal revenue code 1986 DATE . effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138202 DATE . increase in capital gains rate for high income individuals. in 1(h)(1)(d CARDINAL ) is amended by and inserting re-alignment of 25 percent PERCENT capital gains threshold with 39.6 percent PERCENT income tax 1(j)(5) is by striking subparagraphs (a) and (b) and the following new subparagraphs: in 1(h)(1) shall applied by substituting the maximum rate for would (without to this paragraph) be taxed at a rate 25 CARDINAL in subparagraph (b)(i). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02225 CARDINAL fmt 6652 CARDINAL sfmt 6201 CARDINAL maximum zero CARDINAL rate amount purposes of applying section 1(h LAW ) the modifications described in (a), the maximum zero CARDINAL rate amount shall in the case of a joint return or spouse, $ 77,200 MONEY , in the case of an individual who a head of household (as defined in 2(b CARDINAL )), $ 51,700 MONEY , in the case of any other (other than an estate or trust), an equal to of the amount in effect the taxable year under subclause (i), and in the case of an estate or trust, by striking of the dollar amounts in (i) and in subparagraph (c) and dollar amount in clause (i), (ii), or conforming section 55(b)(3 CARDINAL ) is amended by striking (d) and redesignating subparagraph as subparagraph (d). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02226 fmt 6652 sfmt 6201 the following provisions are each amended striking and inserting section 531 LAW . section 541 LAW . section 1445(e)(1). section 1445(e)(6). the second ORDINAL sentence of section section 53511(f)(2) of title 46 CARDINAL , united code, is amended to read as follows: maximum tax that portion of nonqualified withdrawal made from the capital account during a taxable year DATE to which section of such code ( 26 u.s.c QUANTITY . 1(h)) applies, the tax used under paragraph (1)(b) may not exceed section 15 CARDINAL not to amendments by this section shall not be treated as a change in rate of tax for purposes of section 15 LAW of the internal code of 1986 DATE . effective in as otherwise in this subsection, the amendments made by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02227 fmt 6652 CARDINAL sfmt 6201 CARDINAL section shall apply to taxable years ending after 13, 2021 DATE . re-alignment of 25 percent PERCENT capital rate threshold with 39.6 percent PERCENT tax rate amendments by subsection (b) shall apply to taxable years DATE after december 31, 2021. withholding under sections 1445 DATE and amendments made by subparagraphs and (d) of subsection (c)(2) shall apply to after the date of the enactment of this act. transitional rules for taxable years DATE include september 13 DATE , in purposes of applying 1(h) of the internal revenue code of 1986 DATE respect to any taxable year DATE which includes 13, 2021 DATE , the amount determined under (d) of section 1(h)(1) of such code shall the sum 20 percent PERCENT of the lesser the amount on which a tax is under such subparagraph (d) regard to this subsection), or the amount (if any) of net capital determined by taking into account 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02228 fmt 6652 CARDINAL sfmt 6201 dividends, gains, and losses for the of the taxable year DATE on or before 13, 2021 DATE (determined without to collectibles gain or loss, gain in section 1(h)(6)(a)(i LAW ) of such and section 1202 DATE gain), 25 percent PERCENT of the excess (if any) of the described in subparagraph (a)(i) over amount described in subparagraph (a)(ii). special rule for binding contracts into prior to september 13, of paragraph ( 1 CARDINAL ), a gain recognized in the year DATE that includes september 13, 2021 DATE , shall treated as being with respect to the portion of taxable year DATE on or before such date if such gain from a transaction which occurs pursuant to written binding contract entered into on or before date (and which is not modified thereafter in material respect). alternative minimum to the rules of paragraph ( 1 CARDINAL ) shall apply for of applying section 55(b)(3 LAW ) of such code. application to pass-thru this subsection with respect to any pass- entity, the determination of when dividends, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02229 fmt 6652 CARDINAL sfmt 6201 and losses are properly taken into account be made at the entity level. definitions of certain in this subsection which are also used in 1(h DATE ) of such code shall have the respective that such terms have in such section. 138203 DATE . application of net investment income to trade or business income of high income individuals. in 1411 DATE is amended by at the end the following new subsection: application to certain high income in the case of any whose modified adjusted gross income for the year exceeds the high income threshold subsection (a)(1) shall be applied by greater of specified net income or net for investment in (a) thereof. phase-in of increase in tax imposed under subsection (a)(1) by reason of application of paragraph ( 1 CARDINAL ) of this subsection not exceed the amount which bears the same 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02230 fmt 6652 CARDINAL sfmt 6201 to the amount of such increase (determined regard to this paragraph) the excess described in paragraph ( 1 CARDINAL ), to $ 100,000 MONEY such amount in the of a married taxpayer (as defined in 7703 DATE ) filing a separate return). high income threshold of this subsection, the term income except as provided in subparagraph or (c), $ 400,000 MONEY , in the case of a taxpayer making a return under section 6013 DATE or a surviving (as defined in section 2(a LAW )), $ 500,000 MONEY , in the case of a married taxpayer (as in section 7703 LAW ) filing a separate of the dollar amount determined under (b). specified net purposes of section, the term net means investment income without regard to the phrase such income which is derived in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02231 fmt 6652 CARDINAL sfmt 6201 CARDINAL course of a trade or business not described paragraph in subsection (c)(1)(a)(i), without regard to the phrase paragraph without regard to the phrase property held in a trade or business not paragraph subsection without regard to paragraphs ( 2 CARDINAL ), and (4) of subsection (c), and by treating paragraphs ( 5 CARDINAL ) and (6) of 469(c ORG ) as applying for purposes of (c) of this application to trusts and 1411(a)(2)(a DATE ) is amended by striking investment and inserting greater of specified net income or undistributed net clarifications with respect to of net investment wages subject to fica not taken into 1411(c)(6 CARDINAL ) is amended by wages received with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02232 fmt 6652 sfmt 6201 on which a tax is imposed under section before the period at the end. net operating losses not taken into 1411(c)(1)(b DATE ) is amended by than section after inclusion of certain foreign in 1411(c)(1)(a DATE ) amended by striking at the end of (ii), by striking at the end of (iii) and inserting and by adding the end the following new clause: any amount includible in gross under section 951 LAW , 951a, 1293 DATE , or proper treatment of certain taxed 1411(c) amended by adding at the end the following paragraph: certain previously taxed secretary shall issue regulations or other providing for the treatment of distributions of previously included in gross income for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02233 fmt 6652 CARDINAL sfmt 6201 CARDINAL of chapter 1 LAW but not previously subject to tax this effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021 DATE . transition regulations or other issued by the secretary under section 1411(c)(7 LAW ) the internal revenue code of 1986 DATE (as added by this shall include provisions which provide for the coordination and application of clauses (i) and (iv) section 1411(c)(1)(a LAW ) with respect taxable years DATE beginning on or before 31, 2021 DATE , and taxable years DATE beginning after such date. 138204 DATE . limitation on deduction of qualified income for certain high individuals. in 199a(a DATE ) is amended by at the end of paragraph ( 1 CARDINAL ), by striking the at the end of paragraph ( 2 CARDINAL ) and inserting by adding at the end the following new paragraph: the following amount: $ 500,000 MONEY in the case of a joint return surviving spouse (as defined in section 2(a LAW )), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02234 fmt 6652 sfmt 6201 $400,000 MONEY in the case of any taxpayer described in subparagraph (a), (c), or (d), $ 250,000 MONEY in the case of a married filing a separate return, or $ 10,000 MONEY in the case of an estate or effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138205 DATE . limitations on excess business losses noncorporate taxpayers. limitation made in 461(l)(1 CARDINAL ) is to read as follows: the case of any taxpayer than a corporation, any excess business loss of taxpayer for the taxable year DATE shall not be conforming 461 CARDINAL is by striking subsection (j). modification of carryover of disallowed 461(l)(2) is amended to read as follows: disallowed loss loss is disallowed under paragraph ( 1 CARDINAL ) for any year shall be treated (solely for purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02235 fmt 6652 CARDINAL sfmt 6201 DATE as a deduction described in paragraph for the next taxable effective amendments made by section shall apply to taxable years DATE beginning after 31, 2020. DATE 138206 DATE . surcharge on high income individuals, and trusts. in i of subchapter a of chapter is amended by inserting after section 1 LAW the following section: 1a CARDINAL . surcharge on high income individuals, and trusts. general the case of a taxpayer than a corporation, there is hereby imposed (in to any other tax imposed by this subtitle) a tax equal 3 percent PERCENT of so much of the modified adjusted gross of the taxpayer as $5,000,000 MONEY , in the case of any taxpayer described in paragraph ( 2 CARDINAL ) or ( 3 CARDINAL ), $ 2,500,000 MONEY , in the case of a married filing a separate return, and $ 100,000 MONEY , in the case of an estate or trust. modified adjusted gross of this section, the term adjusted gross means adjusted gross income reduced by any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02236 fmt 6652 sfmt 6201 (not taken into account in determining adjusted income) allowed for investment interest (as defined section 163(d)). in the case of an estate or trust, gross income shall be determined as provided in 67(e). special nonresident the case of a alien individual, only amounts taken account in connection with the tax imposed section 871(b) shall be taken into account this section. dollar amount applicable to any under paragraph ( 1 CARDINAL ), ( 2 CARDINAL ), or ( 3 CARDINAL ) of subsection (as the case may be) shall be decreased (but not zero CARDINAL ) by the excess (if any) the amounts excluded from the gross income under section 911 LAW , over the amounts of any deductions or disallowed under section 911(d)(6 LAW ) respect to the amounts described in (a). charitable (a) not apply to a trust all the unexpired interests 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02237 fmt 6652 sfmt 6201 which are devoted to one CARDINAL or more of the purposes in section 170(c)(2)(b). not treated as tax imposed by this for certain tax under this section shall not be treated as tax by this chapter for purposes of determining amount of any credit under this chapter or for of section clerical table of sections part i of subchapter a of chapter 1 LAW is amended by after the item relating to section 1 LAW the following item: 1a CARDINAL . surcharge on high income effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. 138207 DATE . termination of temporary increase in credit. in 2010(c)(3 CARDINAL ) of the internal code of 1986 DATE is amended by striking (c). effective amendment made by section shall apply to estates of decedents dying and made after december 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02238 fmt 6652 CARDINAL sfmt 6201 138208 DATE . increase in limitation on estate tax reduction for certain real used in farming or other or businesses. in 2032a(a)(2) of the revenue code of 1986 DATE is amended by striking and inserting inflation 2032a(a)(3) such code is by striking both places it and inserting by striking in the matter preceding (a) and inserting and by striking in subparagraph (b) inserting effective amendments made by section shall apply to the estates of decedents dying december 31, 2021. DATE 138209. certain tax rules applicable to trusts. application of transfer in b of the internal code of 1986 DATE is amended by adding at the the following new chapter: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02239 fmt 6652 CARDINAL sfmt 6201 rules for trusts 2901 DATE . application of transfer taxes. 2901 CARDINAL . application of transfer taxes. in the case of any portion of a with respect to which the grantor is the deemed the value of the gross estate of the deemed owner of such portion shall include assets attributable to that portion at the time of death of such owner, any distribution (other than to the deemed or the deemed spouse) from such to one CARDINAL or more beneficiaries during the life of deemed owner of such portion (other than in of an obligation of the deemed owner) shall treated as a transfer by gift for purposes of 12 CARDINAL , if at any time during the life of the owner of such portion, such owner ceases to treated as the owner of such portion under e of part 1 CARDINAL of subchapter j of chapter 1 LAW , all attributable to such portion at such time shall treated for purposes of chapter 12 LAW as a transfer gift made by the deemed owner, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02240 fmt 6652 CARDINAL sfmt 6201 CARDINAL proper adjustment shall be made with to amounts so included in the gross estate, or as transferred by gift, pursuant to ( 1 CARDINAL ), ( 2 CARDINAL ), or ( 3 CARDINAL ), as the case may be, to for amounts treated previously as taxable gifts chapter 12 LAW with respect to previous transfers the trust by the deemed owner. section shall not apply to trust that is includible in the gross estate of the owner (without regard to subsection (a)(1)). deemed owner purposes of chapter, the term means any person is treated as the owner of a portion of a trust under e of part 1 CARDINAL of subchapter j of chapter 2511 DATE of such is amended by adding at the end the following subsection: treatment of transfers grantor trusts, see section clerical table of for subtitle b of such code is amended by at the end the following new item: 16 CARDINAL . special rules for grantor certain sales to grantor in iv of subchapter o of 1 CARDINAL of such code is amended by redesignating 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02241 fmt 6652 CARDINAL sfmt 6201 1062 DATE as section 1063 DATE and inserting after 1061 DATE the following new section: 1062 CARDINAL . certain sales between grantor trust deemed owner. in the case of any transfer of between a trust and the a person who is the owner of the trust (or portion thereof), such of the person as the owner of the trust shall be in determining whether the transfer is a sale or for purposes of this chapter. (a) shall not apply to trust that is fully revocable by the deemed owner. deemed purposes of this section, term means any person who is treated the owner of a portion of a trust under subpart e of 1 CARDINAL of subchapter related 267(b) is by striking at the end of paragraph by striking the period at the end of paragraph and inserting and by adding at the end following new paragraph: a grantor trust and the person treated as owner of the trust (or portion thereof) under e of part 1 CARDINAL of subchapter j of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02242 fmt 6652 sfmt 6201 clerical table of for part iv of subchapter o of chapter 1 LAW of code is amended by striking the item relating section 1062 LAW and inserting the following new 1062 CARDINAL . certain sales to grantor trusts. 1063 DATE . cross effective amendments made by section shall to trusts created on or after the date of the of this act, and to any portion of a trust established before date of the enactment of this act which is to a contribution made on or after such date. 138210 DATE . valuation rules for certain transfers nonbusiness assets. in 2031 DATE of the internal code of 1986 DATE is amended by redesignating subsection as subsection (f) and by inserting after subsection (c) following new subsections: valuation rules for certain transfers nonbusiness purposes of this chapter chapter in the case of the transfer any interest in an entity other than an interest 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02243 fmt 6652 sfmt 6201 DATE is actively traded (within the meaning of the value of any nonbusiness assets by the entity with respect to such interest be determined as if the transferor had such assets directly to the (and no valuation discount shall be with respect to such nonbusiness assets), such nonbusiness assets shall not be into account in determining the value of interest in the entity. nonbusiness purposes of in term means any passive asset is held for the production or of income, and a trade or business. is not used in the active conduct passive assets used in active of trade or as in subparagraph (c), a passive asset not be treated for purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02244 CARDINAL fmt 6652 sfmt 6201 (a) as used in the active conduct of a or business the asset is property described in ( 1 CARDINAL ) or (4) of section 1221(a) or a hedge with respect to such property, the asset is real property used in active conduct of 1 CARDINAL or more real trades or businesses (within the of section 469(c)(7)(c)) in which the materially participates and with to which the transferor meets the of section 469(c)(7)(b)(ii). purposes of clause (ii), material shall be determined under the rules of 469(h), except that section 469(h)(3 LAW ) shall applied without regard to the limitation to activity. exception for working passive asset which is held as a of the reasonably required working capital of a trade or business shall be treated as in the active conduct of a trade or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02245 fmt 6652 CARDINAL sfmt 6201 passive purposes of this the term means cash or cash equivalents, except to the extent provided by the stock in a corporation or any other profits, or capital interest in a evidence of indebtedness, option, or futures contract, notional principal or derivative, asset described in clause (iii), (iv), or of section 351(e)(1)(b LAW ), annuity, real property, asset (other than a patent, or copyright) which produces royalty commodity, 408(m)), collectible (within the meaning of personal property (as defined in 1092(d)(1 CARDINAL )) or position in personal meaning or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02246 fmt 6652 CARDINAL sfmt 6201 CARDINAL other asset specified in regulations by the secretary. look-thru in a passive asset of entity consists of a 10-percent PERCENT interest in other entity, this subsection shall be by disregarding the 10-percent PERCENT interest by treating the entity as holding directly its share of the assets of the other entity. subparagraph shall be applied successively any 10-percent PERCENT interest of such other entity any other entity. 10-percent PERCENT term in the case of an interest in a ownership of at least 10 percent PERCENT vote or value) of the stock in such in the case of an interest in a ownership of at least 10 CARDINAL of the capital or profits interest in the and in any other case, ownership of least 10 percent PERCENT of the beneficial in the entity. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02247 fmt 6652 CARDINAL sfmt 6201 DATE purposes of the preceding sentence, the prescribed by section 318(a) shall apply. coordination with subsection (b) shall apply after the application of subsection. secretary shall issue regulations or other guidance as the secretary is necessary or appropriate to carry out subsection, including regulations or other determine whether a passive asset is in the active conduct of a trade or in addition to the instances described in (2)(b), and determine whether a passive asset is as a part of the reasonably required capital needs of a trade or business under effective amendments made by section shall apply to transfers after the date of the of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02248 fmt 6652 CARDINAL sfmt 6201 of rules relating retirement plans on high-income taxpayers large retirement account balances 138301 DATE . contribution limit for individual plans of high-income with large account balances. contribution in a of part i of d of chapter 1 LAW is amended by adding at the the following: 409b CARDINAL . contribution limit on individual plans of high-income taxpayers large account balances. general any other of this title, in the case of an individual who is applicable taxpayer for a taxable year, no annual which are allocable to such taxable year shall be by, or on behalf of, such individual to any individual plan to the extent such annual DATE additions exceed excess (if any) year DATE , over the applicable dollar amount for such the aggregate vested balances to the credit the individual (whether as a participant, owner, or in all applicable retirement plans 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02249 fmt 6652 CARDINAL sfmt 6201 DATE as of the close of the calendar year preceding calendar year DATE in which such taxable year DATE begins). definitions and special of this annual in as provided in paragraph, the term any contribution to an individual plan. contributions to sep and simple the case of any employer or contributions by, or on behalf of, an to a simplified employee pension under 408(k) or a simple retirement account section such contributions shall not be as annual DATE additions for purposes of the limitation under subsection but the excess described (a) shall be reduced by the amount such contributions in applying such to other annual DATE additions with to such individual. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02250 fmt 6652 CARDINAL sfmt 6201 CARDINAL rollover contributions rollover contribution under shall not be treated as an annual DATE accounts acquired by death or or acquisition of individual retirement plan (or the transfer to contribution of amounts to an individual plan) by reason the death of another individual, divorce or separation (pursuant section 408(d)(6)), not be treated as an annual DATE addition. applicable dollar term dollar means $ 10,000,000 MONEY . applicable retirement retirement a defined contribution plan to which 401(a) or 403(a) applies, an annuity contract under section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02251 fmt 6652 sfmt 6201 an eligible deferred compensation described in section 457(b) which is by an eligible employer described in 457(e)(1)(a DATE ), or an individual retirement plan. applicable in term means, with respect to any taxable a taxpayer whose adjusted taxable income such taxable year DATE exceeds the amount under subparagraph (b). dollar amount under this subparagraph for any taxable $ 400,000 MONEY for an individual who is taxpayer not described in clause (ii) or $ 425,000 MONEY in the case of an who is a head of household (as in section 2(b LAW )), and $ 450,000 MONEY in the case of an who is a married individual filing a return or a surviving spouse (as in section 2(a LAW )). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02252 CARDINAL fmt 6652 CARDINAL sfmt 6201 adjusted taxable taxable means taxable determined without regard any deduction for annual DATE to retirement plans to subsection (a) applies, and any increase in minimum distributions by reason of section adjustments for in the case of any year DATE beginning after 2022 DATE , each of the amounts under paragraph ( 2 CARDINAL ) and (4)(b) shall be increased by an amount to the product such dollar amount, and cost-of-living adjustment section 1(f)(3) for the calendar year DATE which such taxable year DATE begins, by substituting year year DATE in subparagraph thereof. any amount as under subparagraph (a) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02253 fmt 6652 CARDINAL sfmt 6201 in the case of the dollar amount paragraph a multiple of such amount shall be rounded the next lowest multiple of $ 250,000 MONEY , in the case of a dollar amount paragraph ( 4 CARDINAL ), a multiple of $ 1,000 MONEY , amount shall be rounded to the next multiple of $ 1,000 MONEY . secretary shall prescribe regulations and guidance as are necessary or to carry out the purposes of this section, including or guidance that provide for the application this section and section 4974(e) in the case of plans a valuation date other than the last day DATE of a calendar conforming the table of contents for subpart a of i of subchapter d of chapter 1 LAW is amended adding after the item relating to section the following new item: 409b CARDINAL . contribution limit on individual retirement plans of high-income with large account section 408(r) is amended by adding the end the following new paragraph: 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02254 fmt 6652 sfmt 6201 for additional limitation on contributions individual retirement plans with large account see sections 402a(c)(3)(a WORK_OF_ART ) and excise tax on excess annual in 4973 DATE is amended by at the end the following new subsection: special rule for individual retirement with excess annual of this section, in the case of individual retirement the term with respect to any year means the sum the excess of the annual DATE additions (within meaning of section 409b(b)(1)) to such plans the limitation under section 409b(a LAW ) for such year DATE , reduced by the amount of any excess determined under subsections (b) and and the lesser the amount determined under this for the preceding taxable year DATE with to such plans, reduced by the aggregate from such plans for the taxable (including distributions required under 4974(e)) to the extent not contributed in rollover contribution to another eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02255 fmt 6652 CARDINAL sfmt 6201 DATE plan in accordance with section 402(c), 408(d)(3 DATE ), or 408a(d)(3 CARDINAL ), or the amount (if any) by which the determined under section 409b(a)(2 LAW ) the taxable year exceeds the applicable amount under section 409b(b)(2 LAW ) for the conforming and (f) of section 4973 LAW are each amended by except as further provided in subsection after purposes of this reporting 6057(a) is by adding at the end the following: additional information regarding account in as of the close of plan year, 1 CARDINAL or more participants in an retirement plan (as defined in section without regard to subparagraph thereof) have a vested account balance of at $ 2,500,000 MONEY , the plan administrator shall a statement with the secretary which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02256 fmt 6652 sfmt 6201 the name and identifying number each such participant (without regard to such participant has separated employment), and the amount to which each such is entitled. inclusion in registration both subparagraph (a) and ( 1 CARDINAL ) apply to a plan, the plan shall include the information required subparagraph (a) in the registration under paragraph ( 1 CARDINAL ) rather than file statement under subparagraph (a). adjustments for case of any plan year DATE beginning after 2022, $ 2,500,000 MONEY amount under subparagraph shall be increased by an amount equal to product such dollar amount, and cost-of-living adjustment section 1(f)(3) for the calendar year DATE which such taxable year DATE begins, by substituting year year DATE in subparagraph thereof. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02257 fmt 6652 CARDINAL sfmt 6201 the amount as adjusted under the preceding is not a multiple of $ 250,000 MONEY , such shall be rounded to the next lowest of effective in amendments made by (a) and (b) shall apply to taxable years DATE after december 31, 2021. plan amendments by subsection (c) shall apply to plan years DATE after december 31, 2021. DATE 138302 DATE . increase in minimum required for high-income taxpayers with retirement account balances. in 4974 DATE is amended by at the end the following: increase in minimum required for high-income taxpayers with large account in this subsection applies to payee who is an applicable taxpayer (as defined in 409b(b)(4)) for a taxable all qualified retirement plans and deferred compensation plans of the payee are applicable retirement plans taken into 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02258 fmt 6652 CARDINAL sfmt 6201 in computing the excess described in (3)(a) shall be treated as 1 CARDINAL plan for purposes of applying this section to increase in minimum required distributions such taxable year DATE determined under (b), and the minimum required distributions this section for all plans treated as 1 CARDINAL under subparagraph (a) with respect to payee for such taxable year shall be by the excess (if any) the sum if paragraph ( 2 CARDINAL ) applies to taxable year DATE , the applicable roth amount, plus 50 percent PERCENT of the excess under paragraph ( 3)(a CARDINAL ), by the applicable roth excess over the sum of the minimum distributions (determined without to this subsection) for all such applicable roth excess 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02259 fmt 6652 sfmt 6201 DATE purposes of (1)(b)(i), this paragraph applies to a year DATE of a payee if the aggregate vested to the credit of the payee (whether as participant, owner, or beneficiary) in all retirement plans (determined as of the of the calendar year preceding the year in which the taxable year DATE begins) 200 percent PERCENT of the applicable dollar for the calendar year DATE in which the year DATE begins. applicable roth excess amount any taxable year DATE to which this paragraph is an amount equal to the lesser the excess determined under (a), or the aggregate balances to the of the payee (whether as a owner, or beneficiary) in all roth and designated roth accounts the meaning of section 402a LAW ) as of the described in subparagraph (a). to a payee for a taxable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02260 fmt 6652 CARDINAL sfmt 6201 DATE if the aggregate vested balances to credit of the payee (whether as a owner, or beneficiary) in all applicable plans (determined as of the close of calendar year preceding the calendar year DATE which the taxable year DATE begins) exceed the dollar amount for the calendar year DATE in the taxable year DATE begins, and without regard to whether amounts respect to the payee are otherwise required be distributed under section 401(a)(9), 408(a)(6 DATE ), 408(b)(3 CARDINAL ), or 457(d)(2 CARDINAL ). coordination and minimum distribution this subsection applies to a payee any taxable this section shall apply first ORDINAL to distributions without regard to this subsection then to any increase in minimum distributions by reason of this and nothing in this subsection shall construed to affect the amount of any required distribution determined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02261 fmt 6652 CARDINAL sfmt 6201 CARDINAL regard to this subsection or the or plans from which it is required to distributed from. allocation of increase in required in as in clauses (ii) and (iii), the taxpayer in such form and manner as the may prescribe, allocate any increase minimum required distributions by of this subsection to applicable plans treated as 1 CARDINAL plan under (a) in such manner as the chooses. allocation to roth iras and the case of a taxable year which paragraph ( 2 CARDINAL ) applies, the portion any increase in minimum required by reason of this subsection to the applicable roth excess amount be allocated first ORDINAL to roth iras and to designated roth accounts (within meaning of section 402a LAW ) of the payee. special rules for employee ownership any payee 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02262 fmt 6652 sfmt 6201 which this subsection applies for any year DATE has account balances in 1 CARDINAL or employee stock ownership plans (as in section 4975(e)(7 LAW )) any portion which is invested in employer securities are not readily tradable on an market, the increase in minimum distributions by reason of this shall be first ORDINAL to all account balances than such portions) of the all applicable retirement in the manner provided by this (without regard to this and then to such portions in manner as the taxpayer chooses. secretary shall prescribe regulations provide that if any such increase is to any such portion of an account for the first ORDINAL taxable year of the beginning in 2022 DATE , the payee may to have such portion distributed over period of years not greater than the specified by the secretary in such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02263 fmt 6652 CARDINAL sfmt 6201 (and any distributions made in with such election shall be treated purposes of this section as made in first ORDINAL taxable year DATE ). distributions not eligible for purposes of determining whether a is an eligible rollover distribution, any from an applicable retirement plan which is to any increase in minimum required by reason of this subsection shall be as a distribution required under section 403(b)(10 LAW ), 408(a)(6), 408(b)(3 CARDINAL ), or whichever is applicable. purposes of this any term used in this subsection which is used in section 409b CARDINAL shall have the same as when such term is used in such special distribution qualified 401(a) amended by inserting after paragraph ( 38 CARDINAL ) following new paragraph: immediate distribution forming part of a defined contribution plan not constitute a qualified trust under this 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02264 fmt 6652 CARDINAL sfmt 6201 CARDINAL unless an employee who certifies to the plan the employee is a taxpayer who is subject to the requirements of section 4974(e) may to receive a distribution from the balance under the plan in such amount as employee may elect, including any amounts to a qualified cash or deferred (as defined in subsection annuity custodial is amended by adding at the the following new flush sentence: clause (i), the custodial shall permit an employee who certifies the employee is a taxpayer who is subject the distribution requirements of section to elect to receive a distribution from custodial account such as the employee may annuity is amended by adding at the the following new sentence: subparagraphs (a), (b), (c), and the annuity contract shall permit an who certifies that the employee is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02265 fmt 6652 CARDINAL sfmt 6201 taxpayer who is subject to the requirements of section 4974(e) to to receive a distribution of made pursuant to a salary reduction (within the meaning of section from the annuity in such amount as the employee is amended by adding at the end the new flush sentence: subparagraph (a), an eligible compensation plan of an employer described subsection (e)(1)(a) shall permit an employee who that the employee is a taxpayer who is to the distribution requirements of section to elect to receive a distribution from the in such amount as the employee may exception from 10 percent PERCENT additional on early 72(t)(2 DATE ) is by adding at the end the following new distributions of excess from an applicable plan (within the meaning of section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02266 fmt 6652 CARDINAL sfmt 6201 to the extent such distributions for the year DATE do not exceed the amount required be distributed from such plan under section 3405(b LAW ) is by adding at the end the following new additional withholding for distributions from high balance in purposes of this a distribution pursuant to section of the sentence of section and the last sentence of section shall be treated as a nonperiodic except that in applying this to such paragraph ( 1 CARDINAL ) shall be applied by for no election may be made under ( 2 CARDINAL ) with respect to such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02267 fmt 6652 CARDINAL sfmt 6201 not apply to any qualified distribution a designated roth account (within the of section effective in amendments made by (a) shall apply to taxable years DATE beginning december 31, 2021 DATE . plan amendments by subsection (b) shall apply to plan years DATE after december 31, 2021 DATE . provisions relating to plan in this subsection applies to plan or contract amendment, such plan or shall be treated as being operated in with the terms of the plan during the period in paragraph (2)(b)(i). amendments to which subsection in subsection shall to any amendment to any plan or annuity which is pursuant to any amendment made this section or pursuant to any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02268 fmt 6652 sfmt 6201 issued by the secretary of the under this section or such and on or before the last day of the plan year DATE beginning after december 2022, or such later date as the of the treasury ORG may prescribe. the case of a governmental or collectively plan to which subparagraph (b) or of subsection (a)(4) applies, clause (ii) shall applied by substituting the date which is 2 CARDINAL after the date otherwise applied under clause. subsection shall apply to any amendment during the beginning on the date the or regulatory amendment in paragraph (1)(a) takes (or in the case of a plan or amendment not required by such or regulatory amendment, effective date specified in such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02269 fmt 6652 CARDINAL sfmt 6201 ending on the date described subparagraph (a)(ii) (or, if earlier, date the plan or contract is adopted), plan or contract is operated as if such or contract amendment were in effect; such plan or contract amendment retroactively for such period. provisions relating to individual plans 138311 DATE . tax treatment of rollovers to roth and accounts. rollovers and conversions limited to roth in ( 1 CARDINAL ) of 408a(e) is amended by adding at the end following new sentence: qualified rollover shall not include any rollover from any eligible retirement plan in subparagraph (b) (other than from a roth account (within the meaning of 402a)) if any portion of the distribution which such contribution is made would 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02270 CARDINAL fmt 6652 sfmt 6201 CARDINAL regard to such contribution) be treated not includible in gross (c) of 408a(d)(3) is amended by adding at the the following new sentence: shall not apply if any portion of the plan converted would be treated as not in gross income if distributed at the time the designated roth is amended by inserting after the application of the last sentence of ( 1 CARDINAL ) after effective amendments made this subsection shall apply to distributions, and contributions made after december 31 DATE , no rollovers or conversions for roth qualified rollover 408a(e CARDINAL ), as amended by (a), is amended by adding at the end following: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02271 fmt 6652 CARDINAL sfmt 6201 CARDINAL high-income taxpayers may only from roth iras and a taxpayer is an applicable taxpayer defined in section 409b(b)(4)) for the year DATE in which a distribution is made, and such distribution is contributed to a ira in a rollover contribution, contribution shall be treated as a qualified contribution under paragraph ( 1 CARDINAL ) only if it is from another roth ira or from a designated account (within the meaning of section elimination of ( 3 CARDINAL ) of section 408a(d LAW ), as amended subsection (a), is amended by adding at the the following: paragraph not to apply to high- a taxpayer is an for any taxable year, this shall not apply to any distribution to this paragraph otherwise applies (or to conversion described in subparagraph (c)) is made during such taxable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02272 fmt 6652 CARDINAL sfmt 6201 designated roth of section 402a(c LAW ) is amended by adding at the the following: paragraph not to apply to high- a taxpayer is an for any taxable year, this shall not apply to any distribution to this paragraph otherwise applies and is made during such taxable effective amendments made this subsection shall apply to distributions, and contributions made in taxable years DATE after december 31, 2031 DATE . 138312 DATE . prohibition of ira investments on account status. in (a) of section 408 LAW is by adding at the end the following new no part of the trust funds will be invested any security if the issuer of such security (or any person specified by the secretary) requires the on whose behalf the trust is maintained to a representation to the issuer or such other that such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02273 fmt 6652 CARDINAL sfmt 6201 has a specified minimum amount of has completed a specified minimum holds a specific license or or assets, of education, or loss of exemption of of section 408(e) is by striking each place it appears in (a) and inserting by redesignating subparagraph (b) as (c), by inserting after subparagraph (a) the new subparagraph: prohibited any taxable year DATE of the individual for whose any individual retirement account is the investment of any part of the of such individual retirement account not comply with subsection (a)(7), such ceases to be an individual retirement as of the first day DATE of such taxable year DATE . similar to the rules of clauses (i) and (ii) subparagraph (a) shall apply for purposes of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02274 fmt 6652 CARDINAL sfmt 6201 by striking employee engages prohibited in the heading and case of certain prohibited and by striking in the heading of (a) and inserting in prohibited and by striking in subparagraph (c), as redesignated, and inserting or conforming paragraph ( 1 CARDINAL ) of section 408(c) is amended striking through and inserting paragraph ( 3 CARDINAL ) of section 4975(c) is striking and by striking both places appears and inserting or and by striking and (a) or (b) of section effective 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02275 fmt 6652 CARDINAL sfmt 6201 in as provided in ( 2 CARDINAL ), the amendments made by this section apply to taxable years DATE beginning after 31, 2021 DATE . special rule for existing on the date of the enactment of this an individual retirement account holds an prohibited under section 408(a)(7 LAW ) of the revenue code of 1986 DATE (as added by (a)), the amendments made by this section apply to such investment for taxable years DATE after december 31, 2023. DATE 138313 DATE . statute of limitations with respect to noncompliance. in (c) of section 6501 LAW is by adding at the end the following new noncompliance relating to an retirement the case of any error (willful or otherwise) in the on a return of any information relating the valuation of investment assets with to an individual retirement plan, the time assessment of any tax imposed by this title 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02276 fmt 6652 CARDINAL sfmt 6201 CARDINAL respect to such plan shall not expire before date which is 6 years DATE after the return such error was filed (whether or not return was filed on or after the date prohibited for assessment of any tax imposed by 4975 DATE shall not expire before the date which 6 years DATE after the return was filed (whether not such return was filed on or after the effective amendment made by section shall apply to taxes with respect to which the period under section 6501(a) of the internal code of 1986 DATE (without regard to the amendment by this section) ends after december 31, 2021 DATE . 138314 DATE . prohibition of investment of ira assets entities in which the owner has a interest. in (a) of section 408 LAW , as by the preceding provisions of this act, is by adding at the end the following new paragraph: no part of the trust funds will be invested a corporation, partnership or other enterprise, or trust or estate 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02277 fmt 6652 sfmt 6201 in the case of an entity with respect which interests described in clause (i), (ii), or are not readily tradable on an securities 10 percent PERCENT or more the combined voting power of all of stock entitled to vote or the total of shares of all classes of stock of corporation, the capital interest or profits of such partnership or enterprise, or the beneficial interest of such or estate, owned (directly or indirectly) or held by the on whose behalf the trust is or the individual on whose behalf the is maintained is an officer or director (or individual having powers or responsibilities to officers or directors) of such partnership, or other unincorporated purposes of subparagraph (a), the constructive rules of paragraphs ( 4 CARDINAL ) and (5) of section shall apply, and any asset or interest held 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02278 fmt 6652 CARDINAL sfmt 6201 the trust shall be treated as held by the described in such loss of exemption of (b) of section 408(e)(2 LAW ), as added by this act, is by striking and inserting or conforming ( 1 CARDINAL ) of 408(c), as amended by the preceding provisions of act, is amended by striking through and through effective in as provided in ( 2 CARDINAL ), the amendments made by this section apply to investments made in taxable years DATE after december 31, 2021. special rule for existing on the date of the enactment of this an individual retirement account holds an prohibited under section 408(a)(8 LAW ) of the revenue code of 1986 DATE (as added by (a)), the amendments made by this section apply to such investment for taxable years DATE after december 31, 2023 DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02279 fmt 6652 CARDINAL sfmt 6201 138315 DATE . ira owners treated as disqualified for purposes of prohibited rules. in ( 2 CARDINAL ) of section 4975(e) by striking at the end of subparagraph by striking the period at the end of (i) and inserting by inserting after subparagraph (i) the new subparagraph: the individual for whose benefit a described in subparagraph (b) or (c) of (1) is by striking both places it appears subparagraphs (f) and (g) and inserting or (in the case of a plan described in subparagraph or (c) of paragraph by striking in subparagraph (i) inserting or (j) (in the case of a plan in subparagraph (b) or (c) of paragraph and by adding at the end the following: of subparagraphs (g) and (i), any asset or held by a plan described in subparagraph or (c) of paragraph ( 1 CARDINAL ) shall be treated as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02280 fmt 6652 sfmt 6201 by the individual described in subparagraph with respect to such conforming subparagraph (a) of section 408(e)(2 CARDINAL ), as by the preceding provisions of this act, is to read as follows: employee engaging in during any taxable of the individual for whose benefit any retirement account is maintained, that engages in any transaction prohibited section 4975 DATE with respect to such account, account ceases to be an individual account as of the first day DATE of such taxable for purposes of this paragraph, the account for the benefit of any individual an individual retirement account by an employer or association of is treated as a separate individual subparagraph (b) of section 408(e)(2 LAW ), as by this act, is amended by striking the last 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02281 fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to transactions occurring after 31, 2021 DATE . the internal revenue and improving taxpayer 138401 DATE . funding of the internal revenue addition to amounts otherwise available, there are for fiscal year 2022 DATE , out of any money in treasury not otherwise appropriated: $ 78,935,000,000 MONEY , to remain available until 30, 2031 DATE , for necessary expenses for the revenue service ( irs ORG ) for strengthening enforcement activities and increasing voluntary expanding audits and other enforcement and modernizing information technology to support enforcement activities, except that use of these funds is intended to increase taxes any with below $ 410,000,000 MONEY , to remain available until 30, 2031 DATE , for necessary expenses for the inspector general for tax administration provide oversight of the irs ORG , including ensuring 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02282 fmt 6652 sfmt 6201 CARDINAL taxpayer privacy is protected and that no undue is imposed on small businesses from irs ORG activities; and $ 157,000,000 MONEY , to remain available until 30, 2031 DATE , for the tax court for tax disputes. 138402 DATE . application of backup withholding respect to third ORDINAL party network in 3406(b CARDINAL ) is amended by at the end the following new paragraph: other reportable payments include in settlement of third ORDINAL party transactions only where aggregate for year DATE is $ 600 MONEY or payment in of a third ORDINAL party network transaction to be shown on a return required under 6050w DATE which is made during any calendar year be treated as a reportable payment only the aggregate amount of such and all previous such payments made by third ORDINAL party settlement organization to the payee during such calendar year or exceeds $ 600 MONEY , or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02283 fmt 6652 sfmt 6201 CARDINAL the third ORDINAL party settlement was required under section 6050w to file return for the preceding calendar year DATE with payments participating conforming 6050w(e CARDINAL ) amended by inserting before effective amendments made by section shall apply to calendar years DATE beginning after 31, 2021 DATE . transitional rule for the case of made during calendar year 2022 DATE , section of the internal revenue code of 1986 DATE (as by this section) shall be applied by inserting aggregate number of third ORDINAL party network transactions by the third ORDINAL party settlement organization with to the participating payee during such calendar year before the comma at the end. DATE 138403. limitation on deduction for qualified contributions made by entities, etc. in 170(h) is amended by at the end the following new paragraphs: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02284 fmt 6652 sfmt 6201 CARDINAL limitation on deduction for conservation contributions made by in contribution by a (whether directly or as a share of a contribution of another shall not be treated as a qualified contribution for purposes of this if the amount of such contribution exceeds times the sum of each relevant in such partnership. relevant purposes of in term means, with respect to any partner, portion of such modified in the partnership which is allocable rules similar to the rules of section to the portion of the real property respect to which the contribution in subparagraph (a) is made. modified term means, with respect to any such adjusted basis in partnership as 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02285 fmt 6652 CARDINAL sfmt 6201 DATE immediately before the described in subparagraph and without regard to section by the partnership after into account the adjustments in subclauses (i) and (ii) such other adjustments as the may provide. exception for contributions 3-year DATE holding (a) shall not apply to any contribution is made at least 3 years DATE after the latest the last date on which the that made such contribution any portion of the real property respect to which such contribution is the last date on which any in the partnership that made such acquired any interest in such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02286 CARDINAL fmt 6652 CARDINAL sfmt 6201 DATE if the interest in the partnership made such contribution held one CARDINAL or more the last date on which any partnership acquired any interest any other such partnership, and the last date on which any in any such partnership any interest in such exception for family in (a) not apply with respect to any made by any partnership if all of the partnership interests in partnership are held, directly or by an individual and members of family of such individual. members of the of this subparagraph, the term of the means, with to any the spouse of such and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02287 CARDINAL fmt 6652 CARDINAL sfmt 6201 any individual who bears a to such individual which described subparagraphs (a) (g) of section 152(d)(2 LAW ). application to other pass- as may be provided by the secretary, the rules of this shall apply to s corporations and pass-through entities in the same manner such rules apply to partnerships. secretary shall such regulations or other guidance as be necessary or appropriate to carry out purposes of this paragraph, including or other to require reporting, including related to tiered partnerships and modified basis of partners, and to prevent the avoidance of the of this paragraph. notice of certain in a donor is found by secretary to have failed to meet the that a qualified conservation contribution be granted and protected in perpetuity by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02288 fmt 6652 sfmt 6201 CARDINAL of defective language in the deed to property line adjustments or clauses, the donor shall have 90 days DATE the written notice by the secretary to such failure, unless the secretary can that the failure to meet those was intentional. not apply to any reportable transaction or contribution that is not treated as a conservation contribution by reason of application of accuracy-related in 6662(b) is amended inserting after paragraph (9) the following new any disallowance of a deduction by of section 6662(h)(2 LAW ) is amended by at the end of subparagraph (b), by the period at the end of subparagraph (c) inserting and by adding at the end the new subparagraph: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02289 fmt 6652 sfmt 6201 and any disallowance of a deduction in subsection no reasonable cause 6664(c)(2 CARDINAL ) is amended by inserting to any of a deduction described in section before the period at the end. approval of assessment not 6751(b)(2)(a DATE ) amended by and inserting ( 9 CARDINAL ) or ( 10 CARDINAL ) of subsection application of statute of limitations on extension for certain adjustments under prior the case of any of a deduction by reason of section of the internal revenue code of 1986 DATE (as by this section) or any penalty imposed under 6662 DATE of such code with respect to such section 6229(d)(2) of such code (as in before its repeal) shall be applied by for extension for listed contribution described in section 170(h)(7)(a LAW ) the internal revenue code of 1986 DATE (as added by section) shall be treated for purposes of sections 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02290 fmt 6652 sfmt 6201 DATE and 6235(c)(6) of such code as a specifically identified by the secretary on 23, 2016 DATE , as a tax avoidance transaction purposes of section 6011 LAW of such code. application to certain transactions under other provisions of the of any disallowance of a deduction under section 170 LAW the internal revenue code of 1986 DATE with respect to a described in internal revenue service notice with respect to a taxable year ending before the DATE of the enactment of this act, such disallowance shall treated for purposes of section 6662(b)(10 CARDINAL ) of such (as added by this section) and subsection (c)(1) as by reason of section 170(h)(7 LAW ) of such code (as by this section). effective in as provided in ( 2 CARDINAL ) and ( 3 CARDINAL ), the amendments made by this shall apply to contributions made after 23, 2016 DATE , in taxable years ending DATE after such notice of certain much the amendment made by subsection (a) as relates section 170(h)(8 CARDINAL ) of the internal revenue code of as added by such subsection, shall apply 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02291 fmt 6652 CARDINAL sfmt 6201 DATE returns filed after the date of the of this act, and returns filed on or before such date if period specified in section 6501 LAW for of the taxes with respect to which such relates has not expired as of such date. certified historic the of contributions the conservation purpose (as in section 170(h)(4 LAW ) of the internal revenue of 1986 DATE ) of which is the preservation of a historic structure (as defined section of such code), the amendments made this section shall apply to contributions made in years DATE beginning after december 31, 2018 DATE . no inference is intended to the appropriate treatment of contributions in taxable years DATE ending on or before the date in paragraph ( 1 CARDINAL ) or ( 3 CARDINAL ), whichever is or as to any activity not described in section of the internal revenue code of 1986 DATE , as by this section. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02292 fmt 6652 CARDINAL sfmt 6201 138404 DATE . modification of procedural relating to assessment of repeal of approval as amended by the preceding provision of this act, amended by striking subsection (b). quarterly DATE certifications of compliance procedural 6751 DATE , as by subsection (a) of this section, is amended by after subsection (a) the following new subsection: quarterly DATE certifications of appropriate supervisor of employees of the revenue service shall certify quarterly DATE by letter the commissioner of internal revenue whether or not requirements of subsection (a) have been met with to notices of penalty issued by such effective repeal of approval amendment made by subsection (a) shall take as if included in section 3306 LAW of the internal service restructuring and reform act of quarterly DATE certifications of with procedural made by subsection (b) shall apply to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02293 fmt 6652 CARDINAL sfmt 6201 CARDINAL of penalty issued after the date of the of this act. provisions 138501 DATE . modifications to limitation on of excessive employee in 162(m) is amended by at the end the following new paragraph: special rules related to limitation deduction of excessive employee aggregation rule similar the rule of paragraph (6)(c)(ii) shall apply purposes of paragraph ( 1 CARDINAL ). secretary shall such regulations or other guidance as be necessary or appropriate to carry out purposes of paragraph ( 1 CARDINAL ), including or other guidance to prevent the avoidance such purposes, including through the of services other than as an employee by providing compensation through a pass- or other acceleration of application to 5 CARDINAL highest 162(m)(3)(c) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02294 fmt 6652 CARDINAL sfmt 6201 by striking 31 CARDINAL , and inserting 31 CARDINAL , applicable employee 162(m)(4)(a) is by inserting performance-based commissions, post-termination and beneficiary after for and by inserting whether or not such is paid directly by the publicly held after or not during the taxable effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138502. extension of tax to fund black lung trust fund. in 4121(e)(2)(a DATE ) is amended striking 31 CARDINAL , and inserting 31 CARDINAL , effective amendment made by section shall apply to sales after december 31, 2021. DATE 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02295 DATE fmt 6652 CARDINAL sfmt 6201 138503 DATE . prohibited transactions relating to disc or fsc ORG in individual account. in 4975(c)(1 CARDINAL ) is amended by at the end of subparagraph (e), by striking period at the end of subparagraph (f) and inserting and by adding at the end the following new in the case of a disc or fsc that any commission, or other payment, an entity any stock or interest in which is by the individual for whose benefit an retirement account is maintained, of an interest in such disc or fsc by the retirement special rules of is amended by adding at the end the following paragraph: special rules of application for and fsc ORG indirect holding of disc or purposes of paragraph (1)(g), if an retirement account holds an interest an entity that owns (directly or indirectly) an in a disc or fsc ORG , the account shall 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02296 fmt 6652 sfmt 6201 treated as holding an interest in such disc fsc. constructive of determining ownership of stock (or other interest) in an entity under (1)(g) and ownership of an interest in a or fsc under subparagraph (a), the prescribed by section 318 LAW for determining shall apply, except that such section be applied by substituting for each place it appears. disc and purposes of subsection, the terms and have the respective meanings given such by section 992(a)(1 LAW )) and section 922(a) in effect before its repeal by the fsc ORG and extraterritorial income exclusion act application of tax to terminated retirement 4975(c)(3 CARDINAL ) is by adding at the end the following: sentence shall not apply in the case of a prohibited described in paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02297 fmt 6652 sfmt 6201 CARDINAL effective amendments made by section shall apply to stock and other interests or held on or after december 31, 2021. DATE 138504 DATE . increase in tax on certain tobacco and imposition of tax on increasing tax on small 5701(b)(1 CARDINAL ) is by striking and large 5701(b)(2 CARDINAL ) is by striking and tax parity for small is amended by striking and inserting tax parity for large is amended by striking and that follows through the period and inserting pound and a proportionate tax at the like rate on all parts of a pound but not less than 10.06 cents MONEY tax parity for smokeless section 5701(e) is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02298 fmt 6652 sfmt 6201 in paragraph ( 1 CARDINAL ), by striking inserting in paragraph ( 2 CARDINAL ), by striking and inserting and by adding at the end the following new smokeless tobacco sold in discrete discrete single-use units, per section 5702(m) is in paragraph ( 1 CARDINAL ), by striking and inserting chewing tobacco, discrete single-use in paragraphs ( 2 CARDINAL ) and ( 3 CARDINAL ), by inserting that is not a discrete single-use the period at the end of each such and by adding at the end the following new discrete single-use term single-use means any product tobacco is not intended to be smoked, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02299 fmt 6652 sfmt 6201 is in the form of a lozenge, tablet, pouch, dissolvable strip, or other discrete or single-dose tax parity for pipe is amended by striking and tax parity for roll-your-own 5701(g) is amended by striking and tax parity for roll-your-own tobacco certain processed 5702(o) is by inserting and includes processed tobacco is removed for delivery or delivered to a person other a person with a permit provided under section 5713 LAW , does not include removals of processed tobacco for after imposition of tax on nicotine for use in in 5701 DATE is amended by subsection (h) as subsection (i) and by after subsection (g) the following new taxable nicotine, manufactured or imported into the united states GPE , there shall be a tax equal to the dollar amount specified in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02300 fmt 6652 sfmt 6201 CARDINAL per 1,810 CARDINAL milligrams of nicotine (and a tax at the like rate on any fractional part taxable 5702 CARDINAL by adding at the end the following new taxable in as otherwise in this subsection, the term any nicotine which has been extracted, or synthesized. exception for products approved by and drug term not include any nicotine if the manufacturer or thereof demonstrates to the satisfaction of secretary of health and human services that nicotine will be used a that is approved under section of the federal food, drug, and act or licensed under section 351 LAW of public health service act; or for which an investigational use has been authorized under 505(i) of the federal food, drug, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02301 fmt 6652 sfmt 6201 act or under section 351(a) of public health service act; or a combination product (as described section 503(g) of the federal food, drug, cosmetic act), the constituent parts of were approved or cleared under section 510(k), or 515 CARDINAL of such act. coordination with taxation of other products meeting definition of cigars, cigarettes, smokeless pipe tobacco, and roll-your-own tobacco in section shall be classified and taxed as such any concentration of the nicotine inherent in products or any addition of nicotine to those during the manufacturing process. secretary shall such regulations or other guidance as is or appropriate to carry out the purposes of subsection, including regulations or other for coordinating the taxation of tobacco and taxable nicotine to protect revenue and double taxable nicotine treated as a 5702(c) is amended by 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02302 fmt 6652 CARDINAL sfmt 6201 roll-your-own and inserting tobacco, and taxable manufacturer of taxable 5702 DATE , as amended by paragraph ( 2 CARDINAL ), is by adding at the end the following new manufacturer of taxable in person who extracts, or synthesizes nicotine shall be treated a manufacturer of taxable nicotine (and as such taxable nicotine). application of rules related to of tobacco to a manufacturer of tobacco products, or manufacturing tobacco products, shall be treated including a reference to a manufacturer of nicotine, or to manufacturing taxable nicotine, repeal of special rules for determining of 5702 CARDINAL is amended by striking (l). floor stocks imposition of covered tobacco and cigarette papers and tubes, in or imported into the united states GPE which 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02303 fmt 6652 sfmt 6201 DATE removed before the tax increase date and held on date for sale by any person, there is hereby a tax in an amount equal to the excess the tax which would be imposed under 5701 of the internal revenue code of on the article if the article had been on such date, over the prior tax (if any) imposed under 5701 of such code on such article. covered tobacco of this subsection, the term tobacco means any tobacco product other cigars described in section 5701(a)(2 LAW ) the internal revenue code of 1986 DATE , discrete single-use units (as defined in 5702(m)(4 CARDINAL ) of such code, as amended this section), and taxable nicotine (as defined in section of such code, as amended by this credit against person shall allowed as a credit against the taxes imposed by (1) an amount equal to the lesser of or the amount of such taxes. for purposes the preceding sentence, all persons treated as a 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02304 fmt 6652 sfmt 6201 CARDINAL employer under subsection (b), (c), (m), or (o) section 414 CARDINAL of the internal revenue code of 1986 DATE be treated as 1 CARDINAL person for purposes of this liability for tax and method of liability for person to in paragraph ( 1 CARDINAL ) shall be liable for the imposed by such paragraph. method of tax by paragraph ( 1 CARDINAL ) shall be paid in such as the secretary may provide. articles in foreign trade in the of june 18, 1934 (commonly known as the trade zone act, 48 CARDINAL stat. 998 CARDINAL , 19 81a CARDINAL et seq.) or any other provision of any covered tobacco products, or cigarette and tubes, which are located in a foreign zone on the tax increase date, shall be to the tax imposed by paragraph ( 1 CARDINAL ) internal revenue taxes have been or customs duties liquidated, respect to such article before such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02305 fmt 6652 CARDINAL sfmt 6201 pursuant to a request made under the proviso of section 3(a LAW ) of such act, or such article is held on such date the supervision of an officer of the states customs and border of the department of homeland pursuant to the 2d CARDINAL proviso of such 3(a). tax increase purposes of this the term increase means the day of the first calendar quarter DATE described in (k)(1). certain other in this subsection which are also used in 5702 CARDINAL of the internal revenue code of 1986 DATE have the same meaning as when used in such effective in as otherwise in this subsection, the amendments made by section shall apply to articles removed in quarters DATE beginning after the date of the of this act. delayed effective date for certain amendments made by subsections 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02306 fmt 6652 sfmt 6201 ( d)(1)(c NORP ), (d)(2), and (h) shall apply to articles in calendar quarters DATE beginning after the which is 180 days DATE after the date of the of this act. transition rule for permit and bond person which is lawfully engaged in as a manufacturer or importer of taxable nicotine the meaning of subchapter a of chapter 52 LAW of the revenue code of 1986 DATE , as amended by this on the date of the enactment of this act, first subject to the requirements of subchapter b of 52 CARDINAL of such code by reason of the amendments by this section, and submits an application under subchapter b to engage in such business not later 90 days DATE after the date of the enactment of this act, not be denied the right to carry on such business reason of such requirements before final action on such 138505 DATE . clarification of rules regarding drawback. in 5706 DATE is amended by at the end the following: from tax under 5704 is drawback, and no further drawback shall allowed based on merchandise that has not been subject 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02307 fmt 6652 sfmt 6201 CARDINAL effective amendment made by section shall apply to drawback claims made on or december 18, 2018 DATE . no contained in this or the amendments made by this subsection shall construed to create any inference with respect to any claim made before december 18, 2018. DATE 138506 DATE . termination of employer credit for family and medical leave. 45s(i) is amended by striking 31 CARDINAL , and inserting 31, 138507 DATE . clarification of treatment of disc and distributions of certain shareholders. in 996(g) of the internal code of 1986 DATE is amended by striking such and inserting to be had by such effective amendments made by (a) shall apply to gains and distributions after 31, 2021 DATE . application to foreign sales the case of any distribution after december 2021 DATE , section 926(b)(1 LAW ) of the internal revenue code 1986 DATE (prior to its repeal by the fsc ORG repeal and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02308 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL income exclusion act of 2000 DATE ) shall be by substituting to be had by such for such 138508 DATE . access to self-employment income for paid leave 6103(l) of the internal revenue code of 1986 DATE amended by adding at the end the following new disclosure of certain return to carry out paid family and leave benefit in secretary shall, written request, disclose to officers and of the department of the treasury ORG information with respect to a taxpayer self-employment income is relevant in eligibility for, or the correct amount a paid family and medical leave benefit title xxii of the social security act. information shall be limited the taxpayer identity information respect to the taxpayer, the self-employment income of taxpayer, and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02309 fmt 6652 sfmt 6201 the taxable year DATE to which such income relates. restriction on information disclosed under subparagraph may be used by officers and employees of department of the treasury solely for the of administering the paid family and leave benefit program under title xxii the social security act. self-employment of this paragraph, the term has the meaning given such in section 1402(b) for purposes of the imposed by section 138509 DATE . temporary rule to allow certain s to reorganize as without tax. in qualified liquidation of an s corporation shall be treated for purposes of the revenue code of 1986 DATE in the same manner as such liquidation were a complete liquidation in section 332(b) of such code, and the domestic partnership referred to in (c)(2) were a corporation which is an 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02310 fmt 6652 CARDINAL sfmt 6201 distributee (within the meaning of section of such code). eligible s purposes of section, the term s means any (including any predecessor corporation) that an s corporation on may 13, 1996 DATE , and at all times through the date on which the qualified is completed. qualified purposes of this the term means one CARDINAL or transactions occurring during the 2-year DATE period on december 31 DATE , 2021 CARDINAL such transactions constitute the complete of an eligible s corporation, and substantially all of the assets and liabilities such eligible s corporation are, as a result of such transferred to a domestic partnership. section shall apply to any liquidation only if the eligible s corporation elects application of this section in such manner as the may require and not later than the due date for the return of tax under chapter 1 LAW of such code for taxable year in which such liquidation is completed. application of restriction on subsection corporation the case of any 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02311 fmt 6652 sfmt 6201 liquidation to which this section applies, the domestic referred to in subsection (c)(2) shall not fail be treated as a successor corporation of the eligible s for purposes of section 1362(g) of such code. other used in this which are also used in the internal revenue code of shall have the same meaning as when used in such secretary shall prescribe regulations or other guidance as may be necessary appropriate to carry out this section. 138510 DATE . treatment of certain qualified sound productions. election to treat costs as 181(a)(1 CARDINAL ) is amended by striking film television production, and any qualified live theatrical and inserting film or television any qualified live theatrical production, and qualified sound recording dollar 181(a)(2) by adding at the end the following new qualified sound recording ( 1 CARDINAL ) shall not apply to so of the aggregate cost of any qualified 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02312 DATE fmt 6652 CARDINAL sfmt 6201 recording production, or to so much of aggregate, cumulative cost of all such sound recording productions in the taxable as exceeds no other deduction or amortization 181(b) is amended by film or television production or any live theatrical and inserting film or television production, any qualified live production, or any qualified sound recording 181(c)(1) is amended by film or television production or any live theatrical and inserting film or television production, any qualified live production, or any qualified sound recording qualified sound recording production 181 CARDINAL is amended by redesignating (f) and (g) as subsections (g) and (h), and by inserting after subsection (e) the following subsection: qualified sound recording purposes of this section, the term sound means a sound recording (as defined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02313 fmt 6652 CARDINAL sfmt 6201 CARDINAL section 101 CARDINAL of title 17 CARDINAL , united states code) produced recorded in the united 181(h GPE ) (as redesignated subsection (e)) is amended by striking film television production or any qualified live theatrical and inserting film or television any qualified live theatrical production, or any sound recording bonus qualified sound recording is by striking at the end of (iv), by adding at the end of (v), and by inserting after subclause (v) following: which is a qualified sound production (as defined in (f) of section 181 LAW ) for a deduction would have been under section 181 LAW without to subsections (a)(2) and (h) of section or this and in subclauses (iv) and (v) (as by striking regard to subsections 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02314 fmt 6652 sfmt 6201 and both places it appears and regard to subsections (a)(2) production placed in is amended by striking at the of clause (i), by striking the period at the end clause (ii) and inserting and by adding clause (ii) the following: a qualified sound recording shall be considered to be placed in at the time of initial release or conforming the heading for section 181 LAW is amended to of certain as the table of sections for part vi of b of chapter 1 LAW is amended by striking the relating to section 181 CARDINAL and inserting the new item: 181 CARDINAL . treatment of certain qualified effective amendments made by section shall apply to productions commencing in years ending after the date DATE of the enactment of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02315 fmt 6652 CARDINAL sfmt 6201 138511 DATE . payment to certain individuals who fuel. in b of chapter 65 LAW is by adding at the end the following new 6433 DATE . dyed fuel. in a person establishes to the of the secretary that such person meets the of subsection (b) with respect to diesel fuel kerosene, then the secretary shall pay to such person amount (without interest) equal to the tax described subsection (b)(2)(a) with respect to such diesel fuel or in person meets the of this subsection with respect to diesel or kerosene if such person removes from a eligible indelibly dyed diesel fuel or kerosene. eligible indelibly dyed diesel fuel kerosene term dyed diesel fuel or means diesel fuel or with respect to which a tax under 4081 was previously paid (and not credited refunded), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02316 fmt 6652 sfmt 6201 which is exempt from taxation under 4082(a). cross civil penalty for claims under this section, see section conforming section 6206 CARDINAL is by striking each place it and inserting or and by striking and and 6421 DATE , and section 6430 is by striking at the end of ( 2 CARDINAL ), by striking the period at the end of ( 3 CARDINAL ) and inserting and by at the end the following new paragraph: which are removed as eligible indelibly diesel fuel or kerosene under section section 6675 is in subsection (a), by striking 6427 DATE to fuels not used for taxable and inserting (relating to fuels used for taxable purposes), or 6433 DATE to eligible indelibly dyed and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02317 fmt 6652 sfmt 6201 subsection (b)(1), by striking or and inserting 6427 DATE , the table of sections for subchapter b of 65 CARDINAL is amended by adding at the end the new item: 6433 DATE . dyed effective amendments made by section shall apply to eligible indelibly dyed diesel fuel kerosene removed on or after the date that is 180 days DATE the date of the enactment of this section. 138512 DATE . extension of credit for portion of social security taxes paid with to employee tips to beauty establishments. extension of tip credit to beauty service in 45b(b)(2 CARDINAL ) is to read as follows: application only to certain lines of applying paragraph ( 1 CARDINAL ), there shall taken into account only tips received from or clients in connection with the following the providing, delivering, or serving food or beverages for consumption, if the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02318 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL of employees delivering or serving food or by customers is customary. the providing of beauty services to a or client if the tipping of employees such services is beauty service 45b amended by adding at the end the following new beauty purposes of this the term means any of the following: barbering and hair care. nail care. esthetics. body and spa credit determined with respect to wage in 45b(b)(1)(b DATE ) and by striking in effect on january 1 DATE , by inserting and in the case of food or establishments, as in effect on january 1 DATE , after regard to section 3(m LAW ) of such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02319 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138513 DATE . enhancement of work opportunity during recovery in 51 CARDINAL is amended by adding the end the following new subsection: adjustment to credit during the case of individuals (other any individual who is a qualified summer DATE youth hired after the date of the enactment of this and before january 1, increased amount of (a) shall be applied by substituting for of availability of credit in second ORDINAL in (a) shall applied by inserting qualified second-year DATE after qualified second-year DATE the purposes of this paragraph, the term second-year DATE means qualified which are attributable to service rendered 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02320 fmt 6652 sfmt 6201 CARDINAL the 1-year DATE period beginning on the day the last day DATE of the 1-year DATE period with to the recipient determined under (b)(2). increase in limitation on wages into (b)(3) shall be by substituting for eligibility of in (i)(2) shall apply. secretary shall such regulations as the secretary appropriate to ensure a reasonable of subparagraph (a), including attempts to claim the benefit of this through the termination and rehiring of an effective amendment made by section shall apply to taxable years ending after DATE the of enactment of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02321 fmt 6652 sfmt 6201 138514 DATE . allowance of deduction for certain of the trade or business of an employee. above-the-line deduction for union 62(a)(2) is amended by adding at the end following new subparagraph: union deductions allowed by 162 CARDINAL which are not in excess of $ 250 MONEY , and attributable to a trade or business of the performance of services by the as an employee if such deductions are dues paid to a labor organization described section 501(c)(5 LAW ) and with respect to which taxpayer remained a member through the of the taxable effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138515 DATE . cover over of certain distilled taxes. repeal of limitation on cover over of spirits taxes to puerto rico LAW and virgin in 7652 DATE is amended by subsection (f) and by redesignating 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02322 fmt 6652 CARDINAL sfmt 6201 (g) and (h) as subsections (f) and (g), effective amendments made this subsection shall apply to distilled spirits into the united states GPE after december 31 DATE , required transfer to puerto rico trust fund of portion of puerto rico LAW cover in 7652(a) is amended adding at the end the following new paragraph: required transfer to puerto rico trust fund of portion of rum covered in any taxes on rum transported to the united states GPE are covered into the treasury of puerto under paragraph ( 3 CARDINAL ) at a rate equal to or than $10.50 MONEY per proof gallon CARDINAL , puerto shall transfer to the puerto rico trust fund an amount per proof equal to or greater than of the difference $ 10.50 MONEY and the rate, not to exceed at which such taxes are covered into treasury. puerto obligations under 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02323 fmt 6652 CARDINAL sfmt 6201 CARDINAL paragraph shall not modify or impair priorities established under puerto rico LAW and in effect on may 21, 2021 DATE . puerto rico LAW conservation trust purposes of this section, the term rico LAW conservation trust means fund established pursuant to a of understanding between the united department ORG of the interior and the of puerto rico GPE , dated december DATE cover over determined without to certain rate as amended by subsections (a) and (c), is by inserting after effective amendments made this subsection shall apply to distilled spirits into the united states GPE after december 31 DATE , cover over determined without regard certain rate in 7652 DATE , as amended subsection (a), is amended by inserting after (g) the following new subsection: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02324 fmt 6652 CARDINAL sfmt 6201 CARDINAL cover over determined without regard certain rate purposes of (a)(3), (b)(3), and (e)(1), refunds under section shall not be taken into account as a refund, the amount of taxes imposed and collected under 5001(a)(1 CARDINAL ) shall be determined without regard to effective amendment made paragraph ( 1 CARDINAL ) shall take effect as if included in 13807 DATE of public law conforming in 7652(e) is by striking paragraph ( 5 CARDINAL ). effective made by this subparagraph shall take as if included in section 13807 of law in 7652 DATE by striking subsection (i). effective made by this subparagraph shall take as if included in section 107 of law 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02325 fmt 6652 CARDINAL sfmt 6201 138516 DATE . research and experimental in 13206 DATE of public law is in subsection (b)(3), by striking inserting and in subsection (e), by striking and effective amendment made by section shall take effect on the date of the enactment this act. 138517 DATE . payroll credit for compensation of news journalists. in the case of an eligible local publisher, there shall be allowed as a credit applicable employment taxes for each calendar an amount equal to the applicable percentage of paid by such publisher to local news journalists for calendar quarter DATE . limitations and into of wages paid with respect to any individual may be taken into account under subsection during any calendar quarter DATE by the eligible local publisher shall not exceed $ 12,500 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02326 fmt 6652 CARDINAL sfmt 6201 credit allowed by subsection (a) with to any calendar quarter DATE shall not exceed the employment taxes (reduced by any credits under sections 3131 DATE , 3132 DATE , 3134 DATE , and 6432 DATE the internal revenue code of 1986 DATE ) on the wages with respect to the employment of all the of the eligible local newspaper publisher for calendar quarter DATE . refundability of excess in the amount of the under subsection (a) exceeds the of paragraph ( 2 CARDINAL ) for any calendar quarter DATE , excess shall be treated as an overpayment shall be refunded under sections 6402(a CARDINAL ) 6413(b) of the internal revenue code of treatment of of section 1324 LAW of title 31 CARDINAL , united states any amounts due to the employer under paragraph shall be treated in the same as a refund due from a credit provision to in subsection (b)(2) of such section. purposes of this 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02327 fmt 6652 sfmt 6201 applicable term in the case of each of the first 4 quarters DATE to which this section applies, 50 CARDINAL and in the case of each calendar quarter 30 percent DATE . applicable employment employment means the taxes under section 3111(b LAW ) of the internal code of 1986 DATE . term local newspaper means, with respect to any calendar quarter, employer if substantially all of the gross receipts such employer for such calendar quarter are in the trade or business of publishing a local local means any print or digital publication the primary content of such is original content derived from primary and relating to news and current 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02328 fmt 6652 sfmt 6201 CARDINAL such publication primarily serves the of a regional or local community, the publisher of such publication at least one CARDINAL local news journalist who in such regional or local community, and the publisher of such publication no more than 750 CARDINAL employees during the quarter DATE with respect to which a credit allowed under this section. local term news means, with respect to any local newspaper publisher for any calendar an individual who provides at least 100 CARDINAL of service during such calendar quarter to eligible loca
l newspaper publisher, during which such individual regularly gathers, collects, records, writes, or reports news or that concerns local events or other matters local public interest. term means secretary of the treasury ORG or the term means wages defined in section 3121(a LAW ) of the internal code of 1986 DATE ). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02329 fmt 6652 CARDINAL sfmt 6201 CARDINAL other term used in this which is also used in chapter 21 LAW or chapter 22 LAW the internal revenue code of 1986 DATE shall have the meaning as when used in such chapter. aggregation in persons treated as a employer under subsection (a) or (b) of section of the internal revenue code of 1986 DATE , or (m) or (o) of section 414 LAW of such code, shall treated as one CARDINAL employer for purposes of this ( 1 CARDINAL ) shall not unless such persons are involved in the of the same print or digital publication. certain rules to purposes of section, rules similar to the rules of sections 51(i)(1 CARDINAL ) 280c(a) of the internal revenue code of 1986 DATE shall certain governmental shall not apply to the government of the united the government of any state or political thereof, or any agency or instrumentality of any of foregoing. election to have section not section shall not apply with respect to any eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02330 fmt 6652 CARDINAL sfmt 6201 CARDINAL newspaper publisher for any calendar quarter DATE if such elects (at such time and in such manner as the may prescribe) not to have this section apply. special employee not taken into account than employee shall not be for purposes of this section for any period respect to any employer if such employer is a credit under section 51 LAW of the internal code of 1986 DATE with respect to such employee for period. denial of double wages into account in determining the credit allowed this section shall not be taken into account for of determining the credits allowed under 41, 45a, 45p, DATE 45s DATE , 51, 1396 DATE , 3131 DATE , 3132 DATE , and 6432 DATE of such code. third ORDINAL -party credit allowed this section shall be treated as a credit in section 3511(d)(2 LAW ) of such code. treatment of secretary shall any penalty under section 6656 LAW of the internal code of 1986 DATE for any failure to make a deposit of applicable employment taxes if the secretary 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02331 fmt 6652 CARDINAL sfmt 6201 that such failure was due to the reasonable of the credit allowed under this section. regulations and secretary issue such forms, instructions, regulations, and as are necessary to implement the purposes of this including with respect to the application of the under subsection (a) to third ORDINAL -party payors professional employer organizations, certified employer organizations, or agents under section of the internal revenue code of 1986 DATE ), including or guidance allowing such payors to submit necessary to substantiate the eligible status of employers that use such payors. section shall only apply to quarters during the first ORDINAL 5 calendar years after the date of the enactment of this act. 138518 DATE . treatment of financial guaranty companies as qualifying corporations under passive investment company rules. in 1297(f)(3 CARDINAL ) is amended by at the end the following new subparagraph: special rules for financial insurance 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02332 fmt 6652 CARDINAL sfmt 6201 in (a)(ii) and (b), the insurance liabilities of a financial insurance company shall include its premium reserves such company is prohibited generally accepted accounting from reporting on its financial statements reserves for and loss adjustment expenses respect to a financial guaranty or reinsurance contract to the extent that losses and loss expenses are expected to the unearned premium reserves the contract, applicable of such company reports guaranty exposure of at least or state or local bond of at least 9-to-1 CARDINAL ( 8 CARDINAL -to-1 in the of a taxable year DATE of such which ends on or before 31, 2018 DATE ), and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02333 fmt 6652 CARDINAL sfmt 6201 CARDINAL such company includes in insurance liabilities only its premium reserves relating to written or assumed that is the single risk limits set forth subsection (d) of section 4 LAW of the guaranty insurance (modified by using total equity as reported on the financial statement of the rather than aggregate of the to policyholders and reserves). application of alternative and circumstances guaranty insurance company shall treated as satisfying the requirements paragraph ( 2)(b CARDINAL ). financial guaranty purposes of this the term guaranty means any insurance the sole business of which is or reinsuring financial guaranty (as defined in subsection (a) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02334 fmt 6652 CARDINAL sfmt 6201 1 CARDINAL of the financial guaranty insurance which is permitted under (b) of section 4 LAW of such guideline. financial guaranty purposes of this the term guaranty means the ratio the net debt service insured or reinsured by the that is within the single risk set forth in the financial insurance guideline (as reported such applicable financial to so reported). the total assets state or local bond purposes of this the term or local bond means the ratio the net unpaid principal of or local bonds (as defined in 103(c)(1)) insured or by the company that is within single risk limits set forth in the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02335 fmt 6652 CARDINAL sfmt 6201 CARDINAL guaranty insurance (as reported on such financial statement), to the total assets so financial guaranty purposes of this in term guaranty insurance means the october 2008 DATE model that was adopted by the association of insurance ORG on december 4, 2007 DATE . determinations made by determination of any provision of the financial insurance guideline has satisfied shall be made by the reporting of certain is amended by adding at the end the following subparagraph: clarification that certain items applicable financial statement be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02336 fmt 6652 CARDINAL sfmt 6201 reported with respect to amount described in (1)(b) or clause (i)(ii), (i)(iii), (iv)(i), (v)(i), or (v)(ii) of paragraph ( 3)(c CARDINAL ) be treated as reported on an applicable statement for purposes of this section such amount is separately on such statement with respect to corporation referred to in paragraph or such amount is separately for purposes of calculating an which is reported on such authority of secretary to united person who owns an interest in a non-publicly traded foreign and who takes the position that corporation is not a passive foreign company shall report to the such information with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02337 fmt 6652 sfmt 6201 CARDINAL corporation as the secretary may specified non-publicly foreign purposes this subparagraph, the term traded foreign any foreign which would be a passive investment company if (b)(2)(b) did not apply, and no interest in which is on an established securities effective in as otherwise in this subsection, the amendments made by section shall take effect as if included in section of public law amendment made by (b) shall apply to reports made after the of the enactment of this act. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02338 DATE fmt 6652 CARDINAL sfmt 6201 138519 DATE . credit for qualified access technology the blind. in c of part iv of a of chapter 1 LAW is amended by inserting after 36 CARDINAL g the following new section: 36h DATE . credit for qualified access technology the blind. allowance of shall be as a credit against the tax imposed by this subtitle amount equal to amounts paid or incurred during the year DATE , not compensated for by insurance or by the taxpayer for qualified access technology for by a qualified blind individual who is the taxpayer, spouse, or any dependent (as defined in 152 CARDINAL ) of the taxpayer. aggregate amount of the allowed under subsection (a) with respect to any blind individual shall not exceed $ 2,000 MONEY in any period. purposes of this qualified blind term blind means an individual who blind within the meaning of section 63(f)(4 LAW ). qualified access technology term access hardware, software, or other information 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02339 fmt 6652 CARDINAL sfmt 6201 the primary function of which is to or adapt information which is visually into forms or formats useable by blind denial of double credit shall allowed under subsection (a) for any expense for which deduction or credit is allowed under any other provision this chapter. inflation in the case of a taxable beginning after 2022 DATE , the $ 2,000 MONEY amount in (b) shall be increased by an amount equal such dollar amount, multiplied by the cost-of-living adjustment under section 1(f)(3 LAW ) for the calendar in which the taxable year DATE begins, by substituting year DATE for year DATE in subparagraph (a)(ii) the amount as adjusted subparagraph (a) is not a multiple of $ 100 MONEY , amount shall be rounded to the next lowest of $ 100 MONEY . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02340 fmt 6652 sfmt 6201 CARDINAL section shall not apply respect to amounts paid or incurred in taxable years DATE after december 31 DATE , conforming section 6211(b)(4)(a), as amended by the provisions of this act, is amended by after section 1324(b)(2 LAW ) of title 31 CARDINAL , united code, is amended by inserting after the table of sections for subpart c of part of subchapter a is amended by inserting after item relating to section 36 LAW g the following new 36h DATE . credit for qualified access technology for the effective amendments made by section shall apply to taxable years DATE beginning after 31, 2021. DATE 138520 DATE . modification of reit constructive rules. in 856(d)(5 CARDINAL ) is amended by at the end of subparagraph (a), by striking period at the end of subparagraph (b) and inserting and by adding at the end the following: except as otherwise provided by the stock, assets, and net profits 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02341 fmt 6652 CARDINAL sfmt 6201 owned by a partnership, estate, or corporation by reason of the of section 318(a)(3 LAW ) (after application of (a) and (b)) shall not be as owned by it for purposes of again such section in order to make another the constructive owner of such stock, or net profits. (c) shall not prevent any person from the constructive owner of stock, assets, or net of any person as the result of any other of section 318(a) (as modified by this effective amendments made by section shall apply to taxable years ending after the DATE of the enactment of this act. no in this section or the made by this section shall be construed to any inference with respect to the proper application section 318 CARDINAL of the internal revenue code of 1986 DATE to other than cases to which such amendments apply. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02342 CARDINAL fmt 6652 sfmt 6201 pricing prices through fair price negotiation 139001 DATE . providing for lower prices for certain single source drugs. program to lower prices for certain single source xi of the security act ( 42 u.s.c QUANTITY . 1301 DATE et seq.) is amended adding at the end the following new part: price negotiation program lower prices for certain high- single source drugs 1191 DATE . establishment of program. in secretary shall establish a price negotiation program (in this part referred to the under the program, with respect to price applicability period, the secretary publish a list of selected drugs in with section 1192 LAW ; enter into agreements with manufacturers selected drugs with respect to such period, in with section 1193 DATE ; negotiate and, if applicable, renegotiate fair prices for such selected drugs, in with section 1194 LAW ; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02343 fmt 6652 CARDINAL sfmt 6201 CARDINAL carry out the administrative duties in section 1196 LAW . definitions relating to of this part: initial price applicability price applicability means a plan (beginning with plan year 2025 DATE ) or, if agreed in an agreement under section 1193 by the and manufacturer involved, a period of more one plan year DATE (beginning on or after january 2025 DATE ). price applicability term applicability means, with respect to a the period beginning with the initial price year DATE with respect to which such drug is a drug and ending with the last plan year which the drug is a selected drug. selected drug publication term drug publication means, respect to each initial price applicability year, 15 CARDINAL of the plan year DATE that begins 2 years DATE prior such year. voluntary negotiation negotiation means, with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02344 fmt 6652 sfmt 6201 to an initial price applicability year with to a selected drug, the beginning on the sooner the date on which the of the drug and the secretary enter an agreement under section 1193 DATE with to such drug; or june 15 DATE following the selected publication date with respect to such drug; and ending on march 31 of the year DATE that one year DATE prior to the initial price year. other purposes of this fair price eligible price eligible means, with to a selected in the case such drug is furnished or to the individual at a pharmacy or by mail order an who enrolled a prescription drug plan under part of title xviii or an plan under c of such title if coverage is provided 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02345 fmt 6652 sfmt 6201 CARDINAL such plan for such selected drug; an individual who is enrolled a group health plan or health coverage offered in the group or market (as such terms are defined section 2791 LAW of the public health act) with respect to which there is in an agreement with the secretary section 1197 DATE with respect to such drug as so furnished or dispensed; in the case such drug is furnished or to the individual by a hospital, or other provider of services or an individual who is entitled to under part a of title xviii or under part b of such title if such drug is covered under the respective and an individual who is enrolled a group health plan or health coverage offered in the group or market (as such terms are defined 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02346 fmt 6652 CARDINAL sfmt 6201 section 2791 of the public health act) with respect to which there is in an agreement with the secretary section 1197 DATE with respect to such drug as so furnished or maximum fair term fair means, with respect to a plan year a price applicability period and with respect a selected drug (as defined in section 1192(c EVENT )) respect to such period, the price published to section 1195 LAW in the federal register for drug and year. average international market price in terms market and with respect to a drug, the average price shall be the net average price, if and volume-weighted, if practicable) for unit (as defined in paragraph (4)) of the drug sales of such drug (calculated across dosage forms and strengths of the drug not based on the specific formulation or size or package type), as computed (as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02347 fmt 6652 CARDINAL sfmt 6201 the date of publication of such drug as a drug under section 1192(a LAW )) in all described in clause (ii) of subparagraph that are applicable countries (as described clause (i) of such subparagraph) with respect such drug. applicable in purposes of (a), a country described in (ii) is an applicable country in this clause with respect to a if there is available an average price any unit for the drug for sales of such in such country. countries of this paragraph, the following countries described in this clause: australia GPE . canada GPE . france GPE . germany GPE . japan GPE . the united kingdom GPE . term means, with to a drug, the lowest identifiable quantity 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02348 fmt 6652 sfmt 6201 DATE as a capsule or tablet, milligram of molecules, grams) of the drug that is dispensed. 1192 CARDINAL . selection of negotiation-eligible drugs selected drugs. in later than the selected drug date with respect to an initial price year, subject to subsection (h), the secretary shall and publish in the federal register a list with respect to an initial price year during 2025 DATE , at least 25 CARDINAL drugs described in subparagraphs (a) and (b), not subparagraph (c), of subsection (d)(1) (or, respect to an initial price applicability year such period beginning after 2025 DATE , the maximum (if such number is less than 25) of such drugs for the year DATE ) with respect to year; and with respect to an initial price year during 2026 DATE or a subsequent year DATE , at 50 CARDINAL negotiation-eligible drugs described in (a) and (b), but not subparagraph (c), subsection (d)(1) (or, with respect to an initial applicability year DATE during such period, the number (if such number is less than 50 CARDINAL ) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02349 fmt 6652 sfmt 6201 negotiation-eligible drugs for the year DATE ) with to such year; all negotiation-eligible drugs described in (c) of such subsection with respect to year; and all new-entrant negotiation-eligible drugs defined in subsection (g)(1)) with respect to such drug published on the list pursuant to the previous shall be subject to the negotiation process under 1194 for the voluntary negotiation period with to such initial price applicability year (and the process under such section as applicable for subsequent year during the applicable price period). in applying this subsection, any negotiation- drug that is selected under this subsection for an price applicability year shall not count toward the minimum amount of drugs to be selected under (1) for any subsequent year DATE , including such a so selected that is subject to renegotiation under 1194 DATE . selection of carrying out (a)(1) the secretary shall select for inclusion on published list described in subsection (a) with respect a price applicability period, the negotiation-eligible 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02350 fmt 6652 CARDINAL sfmt 6201 that the secretary projects will result in the greatest to the federal government or fair price eligible during the price applicability period. in making projection of savings for drugs for which there is an price for a price applicability period, the savings shall projected across different dosage forms and strengths the drugs and not based on the specific formulation or size or package type of the drugs, taking into both the volume of drugs for which payment made, to the extent such data is available, and the by which the net price for the drugs exceeds the price for the drugs. selected purposes of this part, drug included on the list published under subsection with respect to an initial price applicability year shall referred to as a with respect to such and each subsequent plan year beginning before the plan year DATE beginning after the date on which the determines two CARDINAL or more drug are approved or licensed (as under section 505(j) of the federal drug, and cosmetic act using such drug the listed drug; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02351 fmt 6652 sfmt 6201 DATE under section 351(k) of the public service act using such drug as the product; and continue to be marketed. negotiation-eligible in purposes of this part, term means, with to the selected drug publication date with to an initial price applicability year, a single source drug, as defined in subsection that meets any of the following criteria: covered part d drug among the 125 CARDINAL covered part d drugs (as in section for which there an estimated greatest net spending under c and d of title xviii, as determined by secretary, during the most recent plan year to such drug publication date for which are available. other drug is among 125 CARDINAL drugs for which there was an estimated net spending in the united states GPE the 50 CARDINAL states, the district of columbia ORG , the territories of the united states GPE ), as by the secretary, during the most 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02352 fmt 6652 CARDINAL sfmt 6201 DATE plan year prior to such drug publication for which data are available. drug is a qualifying source drug described subsection determining whether qualifying single source drug satisfies any of the described in paragraph ( 1 CARDINAL ), the secretary to the extent practicable, use data that is across dosage forms and strengths of the and not based on the specific formulation or size or package type of the drug. later than the drug publication date with respect to an price applicability year, the secretary shall in the federal register a list of drugs with respect to such selected drug date. qualifying single source of this part, the term single source any of the following: drug drug is approved under section 505(c) of federal food, drug, and cosmetic act and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02353 fmt 6652 CARDINAL sfmt 6201 to be marketed pursuant to such and is not the listed drug for any drug is approved and continues to be marketed section 505(j) of such act. biological biological is licensed under section 351(a) of public health service act, including any that has been deemed to be licensed section 351 CARDINAL of such act pursuant to 7002(e)(4 CARDINAL ) of the biologics price and innovation act of 2009 DATE , and continues be marketed under section 351 LAW of such act; is not the reference product for any product that is licensed and continues be marketed under section 351(k) of such ( 1 CARDINAL ) and ( 2 CARDINAL ), any insulin product that is under subsection (c) or (j) of section 505 LAW the federal food, drug, and cosmetic act or under subsection (a) or (k) of section 351 LAW of public health service act and continues to be 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02354 fmt 6652 CARDINAL sfmt 6201 DATE under such section 505 CARDINAL or 351 CARDINAL , including insulin product that has been deemed to be under section 351(a) of the public health act pursuant to section 7002(e)(4 LAW ) of the price competition and innovation act of and continues to be marketed pursuant to such purposes of applying paragraphs ( 1 CARDINAL ) and ( 2 CARDINAL ), a drug biological product that is marketed by the same sponsor manufacturer (or an affiliate thereof or a cross-licensed or distributor) as the listed drug or reference described in such respective paragraph shall not taken into consideration. on international drug purposes of determining which negotiation- drugs to select under subsection (a) and, in the of such drugs that are selected drugs, to determine maximum fair price for such a drug and whether such fair price should be renegotiated under section the secretary shall use data relating to the aim with respect to such drug as available or provided the secretary and shall on an ongoing basis request manufacturers of selected drugs information on the price of such a drug. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02355 fmt 6652 sfmt 6201 in purposes of this part, term negotiation-eligible with respect to the selected drug publication with respect to an initial price applicability a qualifying single source that is first ORDINAL approved or licensed, as in paragraph ( 1 CARDINAL ), ( 2 CARDINAL ), or ( 3 CARDINAL ) of (e), as applicable, during the year DATE such selected drug publication date; and that the secretary determines under ( 2 CARDINAL ) is likely to be included as a drug with respect to the selected drug publication date. the case of a single source drug that meets the criteria in subparagraph (a) of paragraph ( 1 CARDINAL ), with to an initial price applicability year, if the acquisition cost at which such drug is first ORDINAL in the united states GPE is equal to or greater the median household income (as determined to the most recent data collected by the states census bureau ORG ), the secretary shall before the selected drug publication date 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02356 fmt 6652 CARDINAL sfmt 6201 CARDINAL respect to the initial price applicability year, if drug is likely to be included as a drug with respect to the subsequent selected publication date, based on the projected under title xviii or in the united states GPE on drug. for purposes of this paragraph the term includes the 50 CARDINAL states, the district columbia, and the territories of the united conflict ORG of in the case the inspector of the department of health and human determines the secretary has a conflict, respect to a matter described in paragraph ( 2 CARDINAL ), individual described in paragraph ( 3 CARDINAL ) shall carry the duties of the secretary under this part, with to a negotiation-eligible drug, that would be such a conflict. matter matter described this paragraph a financial interest (as described in 2635.402 CARDINAL of title 5 CARDINAL , code of federal as in effect on the date of the of this section, (except for an interest in subsection ( b)(2)(iv ORG ) of such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02357 fmt 6652 CARDINAL sfmt 6201 on the date of the selected drug date, with respect the price applicability (as applicable); a personal or business relationship described in section 2635.502 LAW of such title) the date of the selected drug publication with respect the price applicability year; employment by a manufacturer of a drug during the preceding period beginning on the date of the drug publication date, with respect to price applicability year; and any other matter the general counsel appropriate. individual individual the highest-ranking officer or of the department of health and services (as determined by the chart of the department) that does not a conflict under this subsection; and is nominated by the president and by the senate ORG with respect to the in this paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02358 CARDINAL fmt 6652 CARDINAL sfmt 6201 1193 DATE . manufacturer agreements. purposes of the secretary shall enter into agreements with of selected drugs with respect to a price period, by not later than june 15 following selected drug publication date with respect to such drug, under during the voluntary negotiation period for initial price applicability year for the selected the secretary and manufacturer, in accordance section 1194 LAW , negotiate to determine (and, by later than the last date of such period and in with subsection (c), agree to) a maximum price for such selected drug of the manufacturer order to provide access to such to fair price eligible individuals who respect to such drug are described in (a) of section 1191(c)(1 LAW ) and are or dispensed such drug during, to subparagraph ( 2 CARDINAL ), the price applicability and to hospitals, physicians, and other of services and suppliers with respect fair price eligible individuals who with to such drug are described in (b) of such section and are furnished or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02359 fmt 6652 CARDINAL sfmt 6201 CARDINAL such drug during, subject to ( 2 CARDINAL ), the price applicability period; the secretary and the manufacturer shall, accordance with a process and during a period by the secretary pursuant to rulemaking, (and, by not later than the last date of period and in accordance with subsection (c), to) the maximum fair price for such drug if secretary determines that there is a material in any of the factors described in section relating to the drug, including changes in aim price for such drug, in order to provide to such maximum fair price (as so to fair price eligible individuals who respect to such drug are described in (a) of section 1191(c)(1 LAW ) and are or dispensed such drug during any during the price applicability period after such renegotiation) with respect such selected drug; and to hospitals, physicians, and other of services and suppliers with respect fair price eligible individuals who with to such drug are described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02360 fmt 6652 sfmt 6201 (b) of such section and are furnished or such drug during any year DATE in subparagraph (a); the maximum fair price (including as pursuant to paragraph ( 2 CARDINAL )), with respect such a selected drug, shall be provided to fair eligible individuals, who with respect to such are described in subparagraph (a) of section at the pharmacy or by a mail order at the point-of-sale of such drug; the manufacturer, subject to subsection submits to the secretary, in a form and manner by the for the voluntary negotiation period the price applicability period (and, if before any period of renegotiation pursuant to paragraph ( 2 CARDINAL )) with respect to drug all information that the secretary to carry out the negotiation (or process) under this part, including described in section 1192(f) and section and on an ongoing basis, information on in prices for such drug that would the aim price for such drug or otherwise 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02361 fmt 6652 CARDINAL sfmt 6201 a basis for renegotiation of the fair price for such drug pursuant to ( 2 CARDINAL ); the manufacturer agrees that in the case selected drug of a manufacturer is a drug in subsection (c), the manufacturer will, in with such subsection, make any payment under such subsection with respect to such and the manufacturer complies with imposed by the secretary for purposes of the program, including with respect to duties described in section 1196 LAW . agreement in effect until drug is no a selected agreement entered into this section shall be effective, with respect to a drug, such drug is no longer considered a selected drug section 1192(c). aim special rule for certain selected drugs in the case of a selected for which there is no aim price available with to the initial price applicability year for such and for which an aim price becomes available with respect to a subsequent plan year 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02362 fmt 6652 CARDINAL sfmt 6201 the price applicability period for such drug, the secretary determines that the amount in paragraph (2)(a) for a unit of such drug greater than the amount described in paragraph for a unit of such drug, then by not later one year DATE after the date of such determination, manufacturer of such selected drug shall pay to treasury an amount equal to the product the difference between such amount in paragraph (2)(a) for a unit of drug and such amount described in (2)(b) for a unit of such drug; and the number of units of such drug sold the united states GPE , including the 50 CARDINAL states, district of columbia ORG , and the territories of united states GPE , during the period described paragraph ( 2)(b CARDINAL ). amounts weighted average price before price purposes of ( 1 CARDINAL ), the amount described in this for a selected drug described in such is the amount equal to the weighted manufacturer price (as defined in 1927(k)(1 CARDINAL )) for such dosage strength and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02363 CARDINAL fmt 6652 sfmt 6201 for the drug during the period beginning the first ORDINAL plan year for which the drug is on the list of negotiation-eligible drugs under section 1192(d LAW ) and ending the last plan year during the price period for such drug with respect to which is no aim price available for such drug. amount multiplier after aim purposes of paragraph the amount described in this subparagraph a selected drug described in such paragraph, the amount equal to 200 percent PERCENT of the aim for such drug with respect to the first year DATE during the price applicability period such drug with respect to which there is an price available for such drug. confidentiality of submitted to the secretary under this part by a of a selected drug that is proprietary of such manufacturer (as determined by the may be used only by the secretary or disclosed and used by the comptroller general of the united or the medicare ORG payment advisory commission for of carrying out this part. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02364 fmt 6652 CARDINAL sfmt 6201 in secretary shall, to rulemaking, specify, in accordance with ( 2 CARDINAL ), the information that must be submitted subsection (a)(4). information in paragraph ( 1 CARDINAL ), with respect to a drug, shall include information on sales of the (by the manufacturer of the drug or by another under license or other agreement with the with respect to the sales of such drug, of the name under which the drug is sold) any foreign country that is part of the aim price. secretary shall verify, to the extent practicable, sales from appropriate officials of the of the foreign country involved. compliance with requirements for of manufacturer with agreement in effect under this section shall comply with imposed by the secretary or a third ORDINAL party a contract under section 1196(c)(1 LAW ), as applicable, purposes of administering the program. 1194 CARDINAL . negotiation and renegotiation process. in purposes of this part, under agreement under section 1193 DATE between the secretary a manufacturer of a selected drug, with respect to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02365 fmt 6652 sfmt 6201 period for which such agreement is in effect and in with subsections (b) and (c), the secretary and shall during the voluntary negotiation with respect to the initial price applicability for such drug, in accordance with this section, a maximum fair price for such drug for purpose described in section 1193(a)(1 LAW ); and as applicable pursuant and in accordance with the process pursuant to such section, renegotiate such fair price for such drug for the purpose in such section. negotiating methodology and in secretary shall develop use a consistent methodology for negotiations subsection (a) that, in accordance with ( 2 CARDINAL ) and subject to paragraph ( 3 CARDINAL ), achieves the maximum fair price for each selected drug appropriately rewarding innovation. prioritizing considering factors described in subsection (d) in negotiating as applicable, renegotiating) the maximum fair for a selected drug, the secretary shall, to the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02366 fmt 6652 CARDINAL sfmt 6201 DATE practicable, consider all of the available listed but shall prioritize the following factors: research factor described paragraph of subsection (d). market in paragraph (1)(b) of such subsection. unit costs of production and factor described in ( 1)(c CARDINAL ) of such subsection. comparison to existing factor described paragraph ( 2)(a CARDINAL ) of such subsection. in negotiating the fair price of a selected drug, with to an initial price applicability year for selected drug, and, as applicable, in the maximum fair price for such drug, respect to a subsequent year during the applicability period for such drug, in the that the manufacturer of the selected drug under the negotiation or renegotiation, as a price for such drug that is not than the target price described in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02367 fmt 6652 sfmt 6201 (b) for such drug for the respective the secretary shall agree under such or renegotiation, respectively, to such price as the maximum fair price. target in to clause the target price described in this for a selected drug with respect a year DATE , is the average price (which shall the net average price, if practicable, and if practicable) for a unit such drug for sales of such drug, as (across different dosage forms strengths of the drug and not based the specific formulation or package size package type of the drug) in the with respect to such drug with respect to such year DATE , has the average price for such drug as to the average prices (as so of such drug with respect to such in the other applicable countries in such section with respect to such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02368 fmt 6652 sfmt 6201 selected drugs without aim applying this paragraph in the of negotiating the maximum fair price a selected drug for which there is no price available with respect to the price applicability year for such drug, as applicable, renegotiating the fair price for such drug with respect a subsequent year during the price period for such drug before the plan year DATE for which there is an aim available for such drug, the target described in this subparagraph for drug and respective year the that is 80 percent PERCENT of the average price (as defined in section for such drug and year. in to paragraph ( 2 CARDINAL ), maximum fair price negotiated (including as under this section for a selected drug, respect to each plan year during a price period for such drug, shall not exceed 120 CARDINAL of the aim price applicable to such drug respect to such year DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02369 fmt 6652 CARDINAL sfmt 6201 selected drugs without aim the case of a selected drug for which there is no price available with respect to the initial price year DATE for such drug, for each plan year the price applicability period before the first year DATE for which there is an aim price available such drug, the maximum fair price negotiated as renegotiated) under this section for the drug shall not exceed the amount equal to percent of the average manufacturer price for the with respect to such year DATE . purposes of negotiating as applicable, renegotiating (including for purposes determining whether to renegotiate) the maximum fair of a selected drug under this part with the of the drug, the secretary, consistent with (b)(2), shall take into consideration the factors in paragraphs ( 1 CARDINAL ), ( 2 CARDINAL ), ( 3 CARDINAL ), and (5), and may take consideration the factor described in paragraph ( 4 DATE ): following information, including as by the manufacturer: research and development costs of manufacturer for the drug and the extent to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02370 CARDINAL fmt 6652 sfmt 6201 the manufacturer has recouped research development costs. market data for the drug, including distribution of sales across different and purchasers and projected future for the drug. of the drug. unit costs of production and prior federal financial support for therapeutic discovery and development respect to the drug. data on patents and on existing and exclusivity for the drug. national sales data for the drug. information on clinical trials for the in the united states GPE or in applicable described in section 1191(c)(3)(b LAW ). information on alternative following information: the extent to which the drug a therapeutic advance as compared to therapeutic alternatives and, to the such information is available, the costs of existing therapeutic alternatives. 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02371 fmt 6652 sfmt 6201 CARDINAL information on approval by the food drug administration ORG of alternative drug information on comparative analysis for such products, taking into the effects of such products on populations, such as individuals with the elderly, terminally ill, children, other patient populations. considering information described in (c), the secretary shall not use evidence or from comparative clinical effectiveness in a manner that treats extending the life of elderly, disabled, or terminally ill individual as of value than extending the life of an individual is younger, nondisabled, or not terminally ill. in the previous sentence shall affect the or consideration of an aim price for a drug. foreign sales the available on a timely basis, including as by a manufacturer of the selected drug or information on sales of the selected drug in of described 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02372 fmt 6652 CARDINAL sfmt 6201 CARDINAL va drug pricing disclosed to the secretary pursuant to (f). additional to the secretary, in accordance with a specified by the secretary, by other parties are affected by the establishment of a maximum price for the selected drug. request for purposes of and, as applicable, renegotiating (including for of determining whether to renegotiate) the fair price of a selected drug under this part with manufacturer of the drug, with respect to a price period, and other relevant data for purposes of the secretary shall, not later than the drug publication date with respect to the price applicability year of such period, request pricing information from the manufacturer of selected drug, including information described subsection (d)(1); and by not later than october 1 DATE following the drug publication date, the manufacturer of selected drug shall submit to the secretary 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02373 fmt 6652 CARDINAL sfmt 6201 requested information in such form and as the secretary may require. secretary shall request, from the manufacturer or such additional information as may be needed to out the negotiation and renegotiation process under section. disclosure of purposes this part, the secretary of veterans affairs may disclose the secretary of health and human services the price any negotiation-eligible drug that is purchased pursuant section 8126 LAW of title 38 CARDINAL , united states code. 1195 DATE . publication of maximum fair prices. in respect to an initial price year DATE and selected drug with respect to such not later than april 1 DATE of the plan year DATE prior to such price applicability year, the secretary shall publish the federal register the maximum fair price for such negotiated under this part with the manufacturer of drug. maximum fair a selected drug, for each plan year to the initial price applicability year for drug with respect to which an agreement for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02374 fmt 6652 sfmt 6201 drug is in effect under section 1193 DATE , the shall publish in the federal subject to subparagraph (b), the equal to the maximum fair price for such drug for the previous year DATE , by the annual DATE percentage increase in consumer price index for all urban (all items; u.s. city GPE average) as of of such previous year; or in the case the maximum fair price such drug was renegotiated, for the first ORDINAL for which such price as so renegotiated such renegotiated maximum fair price. prices negotiated after the case of a selected drug with respect to an price applicability year for which the maximum price is determined under this part after the of publication under this section, the secretary publish such maximum fair price in the register by not later than 30 days DATE after the such maximum price is so determined. 1196 DATE . administrative duties; coordination administrative 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02375 fmt 6652 sfmt 6201 in purposes of section the administrative duties described in this are the following: the establishment of procedures through agreements with manufacturers this part, contracts with prescription plans under part d of title xviii and plans under part c of such title, and under section 1197 DATE with group plans and health insurance issuers of insurance coverage offered in the or group market) under which the fair price for a selected drug is provided fair price eligible individuals, who with to such drug are described in (a) of section 1191(c)(1 LAW ), at pharmacies by mail order service at the point-of-sale of drug for the applicable price period for such and providing that such maximum fair is used for determining cost-sharing under plans or coverage for the selected drug. the establishment of procedures through agreements with manufacturers this part and contracts with hospitals, and other providers of services and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02376 fmt 6652 sfmt 6201 and agreements under section 1197 LAW group health plans and health insurance of health insurance coverage offered in individual or group market) under which, in case of a selected drug furnished or by such a hospital, physician, or other of services or supplier to fair price individuals (who with respect to such drug described in subparagraph (b) of section the maximum fair price for the drug is provided to such hospitals, and other providers of services and (as applicable) with respect to such and providing that such maximum fair is used for determining cost-sharing under respective part, plan, or coverage for the drug. the establishment of procedures through agreements and contracts in subparagraphs (a) and (b)) to that, not later than 90 days DATE after the of a selected drug to a fair price individual by a pharmacy or mail order the pharmacy or mail order service is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02377 fmt 6652 CARDINAL sfmt 6201 for an amount equal to the difference the lesser of the drug; wholesale acquisition the national average drug cost of the drug; and any other similar of pharmacy acquisition of the drug, as determined by secretary; and the maximum fair price for the the establishment of procedures to that the maximum fair price for a drug is applied any coverage or financial under other health benefit plans or that provide coverage or assistance for the purchase or of prescription drug coverage on of fair price eligible individuals as the may specify; and any other discounts. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02378 fmt 6652 sfmt 6201 the establishment of procedures to into appropriate agreements and protocols the ongoing computation of aim prices for drugs, including, to the extent possible, compute the aim price for selected drugs including by providing that the of such a selected drug should provide for such computation not later than months DATE after the first date DATE of the voluntary period for such selected drug. the establishment of procedures to and apply the maximum fair price different strengths and dosage forms of selected drug and not based on the specific or package size or package type of drug. the establishment of procedures to and apply the maximum fair price in manner that does not include any dispensing similar fee. the establishment of procedures to out the provisions of this part, as with respect fair price eligible individuals who enrolled under a prescription drug plan 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02379 fmt 6652 sfmt 6201 part d of title xviii or an under part c of such title; fair price eligible individuals who enrolled under a group health plan or insurance coverage offered by a insurance issuer in the individual or market with respect to which there an agreement in effect under section and title. fair price eligible individuals who entitled to benefits under part a of xviii or enrolled under part b of the establishment of a negotiation and renegotiation process in accordance section 1194 LAW , including a process for information described in subsection (d) such section and determining amounts in subsection (b) of such section. the provision of a reasonable dispute mechanism to resolve disagreements manufacturers, fair price eligible and the third ORDINAL party with a contract subsection (c)(1). monitoring 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02380 fmt 6652 sfmt 6201 in secretary shall compliance by a manufacturer with the of an agreement under section 1193 DATE , by establishing a mechanism through violations of such terms may be reported. a third ORDINAL party a contract under subsection (c)(1) that the manufacturer is not in with such agreement, the third ORDINAL party shall the secretary of such noncompliance for enforcement under section 4192 LAW of internal revenue code of 1986 DATE or section as applicable. collection of from prescription drug plans and secretary may collect data from prescription drug plans under part of title xviii and plans under part c of title in a timeframe that allows for maximum prices to be provided under this part for selected from health secretary collect appropriate data from group health or health insurance issuers offering group or health insurance coverage in a timeframe 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02381 fmt 6652 CARDINAL sfmt 6201 CARDINAL allows for maximum fair prices to be provided this part for selected drugs. coordination of data the extent feasible, as determined by the the secretary shall ensure that data collected to this subsection is coordinated with, and duplicative of, other federal data collection contract with third ORDINAL in secretary may enter a contract with 1 or more third CARDINAL parties to the requirements established by the in order to carry out this part. at a the contract with a third ORDINAL party under the sentence shall require that the third ORDINAL receive and transmit information the secretary, manufacturers, and other or entities the secretary determines receive, distribute, or facilitate the of funds of manufacturers to individuals or entities in order to the obligations of manufacturers under under this part; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02382 fmt 6652 sfmt 6201 provide adequate and timely to manufacturers, consistent with the with the manufacturer under this as necessary for the manufacturer to its obligations under this part; and permit manufacturers to conduct audits, directly or through contracts, of data and information used by the third ORDINAL to determine discounts for applicable of the manufacturer under the program. shall establish performance requirements a third ORDINAL party with a contract under paragraph and safeguards to protect the independence and of the activities carried out by the third ORDINAL under the program under this part. 1197 DATE . voluntary participation by other plans. agreement to participate under in to paragraph ( 2 CARDINAL ), the program under this part the secretary be treated as having in effect an agreement a group health plan or health insurance issuer group or individual health insurance 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02383 DATE fmt 6652 CARDINAL sfmt 6201 (as such terms are defined in section 2791 LAW of public health service act), with respect to a applicability period and a selected drug with to such with respect to such selected drug or dispensed at a pharmacy or by order service if coverage is provided under plan or coverage during such period for selected drug as so furnished or dispensed; with respect to such selected drug or administered by a hospital, or other provider of services or supplier if is provided under such plan or during such period for such selected drug so furnished or administered. opting out of shall not be treated as having in effect an under the program under this part with group health plan or health insurance issuer group or individual health insurance coverage respect to a price applicability period and a drug with respect to such period if such a or issuer affirmatively elects, through a process 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02384 fmt 6652 sfmt 6201 by the secretary, not to participate under program with respect to such period and drug. publication of respect to price applicability period and each selected drug with to such period, the secretary and the secretary labor and the secretary of the treasury ORG , as applicable, make public a list of each group health plan and each insurance issuer offering group or individual health coverage, with respect to which coverage is under such plan or coverage for such drug, that has under subsection (a) not to participate under the with respect to such period and drug. 1198 DATE . civil monetary penalty. violations relating to offering of fair manufacturer of a selected drug has entered into an agreement under section 1193 DATE , respect to a plan year during the price applicability for such drug, that does not provide access to a that is not more than the maximum fair price (or lesser price) for such drug for such to a fair price eligible individual who with to such drug is described in subparagraph of section 1191(c)(1 LAW ) and who is furnished or such drug during such year DATE ; or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02385 fmt 6652 sfmt 6201 to a hospital, physician, or other provider services or supplier with respect to fair price individuals who with respect to such drug is in subparagraph (b) of such section and is or administered such drug by such physician, or provider or supplier during such be subject to a civil monetary penalty equal to ten CARDINAL the amount equal to the difference between the price such drug made available for such year DATE by such with respect to such individual or hospital, provider, or supplier and the maximum fair price for drug for such year DATE . violations of certain terms of manufacturer of a selected drug that has into an agreement under section 1193 DATE , with respect a plan year during the price applicability period for drug, that is in violation of a requirement imposed to section 1193(a)(6 CARDINAL ) shall be subject to a civil penalty of not more than $1,000,000 MONEY for each violation. provisions of section 1128a LAW than subsections (a) and (b)) shall apply to a civil penalty under this section in the same manner 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02386 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL such provisions apply to a penalty or proceeding under 1128a(a). 1199 DATE . miscellaneous provisions. paperwork reduction 35 CARDINAL of 44 CARDINAL , united states code, shall not apply to data under this part. limitation on judicial shall not be subject to judicial review: the selection of drugs for publication section 1192(a). the determination of whether a drug is a drug under section 1192(d). the determination of the maximum fair of a selected drug under section 1194 LAW . the determination of units of a drug for of section 1191(c)(3 LAW ). carrying out this part with to group health plans or health insurance coverage in the group market that are subject to oversight the secretary of labor or the secretary of the the secretary of health and human services shall with such respective secretary. data ORG secretary shall share the secretary of the treasury ORG such information as 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02387 fmt 6652 sfmt 6201 necessary to determine the tax imposed by section 4192 LAW the internal revenue code of application of maximum fair prices and under application to payments under 1847a(b)(1)(b) of the social act ( 42 u.s.c QUANTITY . is by inserting in the case of such a or biological that is a selected drug (as in section 1192(c)), with respect to a applicability period (as defined in section 106 percent PERCENT of the maximum fair (as defined in section 1191(c)(2 LAW )) for such drug and a plan year during such after exception to part d of the social act ( 42 u.s.c QUANTITY . by inserting except as provided part e of title after application as negotiated price part of the security act u.s.c. is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02388 fmt 6652 CARDINAL sfmt 6201 in subparagraph (b), by inserting subject to subparagraph after and by adding at the end the following subparagraph: application of maximum fair for selected applying this in the case of a covered part d drug is a selected drug (as defined in section with respect to a price applicability (as defined in section 1191(b)(2)), the prices used for payment (as in this subsection) shall be the price defined for such drug and for each plan during such information from prescription plans and plans prescription drug of the social security ( 42 u.s.c QUANTITY . is amended adding at the end the following new provision of information related to fair contract entered into 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02389 fmt 6652 CARDINAL sfmt 6201 a pdp sponsor under this part with respect to prescription drug plan offered by such sponsor require the sponsor to provide information to secretary as requested by the secretary in with section of the social security act ( 42 CARDINAL amended by at the end the following new provision of information to maximum fair under group health plans and insurance d of title xxvii of the health service act ( 42 u.s.c QUANTITY . et seq.) is amended by adding at the end following new section: fair price negotiation program and of maximum fair prices. in the case of a group health or health insurance issuer offering group or health insurance coverage that is treated under 1197 DATE of the social security act as having in effect 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02390 fmt 6652 CARDINAL sfmt 6201 CARDINAL agreement with the secretary under the fair price program under part e of title xi of such act, respect to a price applicability period (as defined in 1191(b GPE ) of such act) and a selected drug (as in section 1192(c EVENT ) of such act) with respect to such with respect to which coverage is provided under plan or the provisions of such part shall if coverage of such selected drug is under such plan or coverage if the is furnished or dispensed at a pharmacy by a mail order service, to the plans or offered by such plan or issuer, and to the enrolled under such plans or during such period, with respect to such drug, in the same manner as such apply to prescription drug plans and plans, and to enrolled such prescription drug plans and plans during such period; and if coverage of such selected drug is under such plan or coverage if the is furnished or administered by a hospital, or other provider of services or to the plans or coverage offered by such 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02391 fmt 6652 sfmt 6201 DATE or issuers, to the individuals enrolled such plans or coverage, and to hospitals, and other providers of services and during such period, with respect to drug in the same manner as such apply to the secretary, to individuals to benefits under part a of title xviii or under part b of such title, and to physicians, and other providers and participating under title xviii during period; the plan or issuer shall apply any cost- responsibilities under such plan or coverage, respect to such selected drug, by substituting amount not more than the maximum fair price under such part e of title xi for such in lieu of the drug price upon which the cost- would have otherwise applied, and such cost- responsibilities with respect to such selected may not exceed such maximum fair price; and the secretary shall apply the provisions of part e to such plan, issuer, and coverage, such so enrolled in such plans and coverage, such hospitals, physicians, and other providers 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02392 fmt 6652 sfmt 6201 CARDINAL suppliers participating in such plans and notification regarding nonparticipation fair price negotiation group health or a health insurance issuer offering group or health insurance coverage shall publicly disclose in manner and in accordance with a process specified by secretary any election made under section 1197 of the security act by the plan or issuer to not participate the fair price negotiation program under part e of xi of such act with respect to a selected drug (as in section 1192(c EVENT ) of such act) for which coverage provided under such plan or coverage before the of the plan year for which such election was in b of part of subtitle b of title i of the employee income security act of 1974 DATE u.s.c. 1181 DATE et seq.) is amended by at the end the following new 726 CARDINAL . fair price negotiation program and of maximum fair prices. in the case of a group health or health insurance issuer offering group health 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02393 fmt 6652 sfmt 6201 CARDINAL coverage that is treated under section 1197 of the security act as having in effect an agreement with secretary under the fair price negotiation program part e of title xi of such act, with respect to a applicability period (as defined in section 1191(b) such act) and a selected drug (as defined in section of such act) with respect to such period with to which coverage is provided under such plan or the provisions of such part shall apply, as if coverage of such selected drug is under such plan or coverage if the is furnished or dispensed at a pharmacy by a mail order service, to the plans or offered by such plan or issuer, and to the enrolled under such plans or during such period, with respect to such drug, in the same manner as such apply to prescription drug plans and plans, and to enrolled such prescription drug plans and plans during such period; and if coverage of such selected drug is under such plan or coverage if the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02394 DATE fmt 6652 CARDINAL sfmt 6201 is furnished or administered by a hospital, or other provider of services or to the plans or coverage offered by such or issuers, to the individuals enrolled such plans or coverage, and to hospitals, and other providers of services and during such period, with respect to drug in the same manner as such apply to the secretary, to individuals to benefits under part a of title xviii or under part b of such title, and to physicians, and other providers and participating under title xviii during period; the plan or issuer shall apply any cost- responsibilities under such plan or coverage, respect to such selected drug, by substituting amount not more than the maximum fair price under such part e of title xi for such in lieu of the drug price upon which the cost- would have otherwise applied, and such cost- responsibilities with respect to such selected may not exceed such maximum fair price; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02395 fmt 6652 sfmt 6201 the secretary shall apply the provisions of part e to such plan, issuer, and coverage, and individuals so enrolled in such plans. notification regarding nonparticipation fair price negotiation group health or a health insurance issuer offering group health coverage shall publicly disclose in a manner and accordance with a process specified by the secretary election made under section 1197 of the social act by the plan or issuer to not participate in the price negotiation program under part e of title xi such act with respect to a selected drug (as defined section 1192(c) of such act) for which coverage is under such plan or coverage before the beginning the plan year for which such election was application to retiree and small group health 732(a) of the employee income security act of 1974 DATE (29 1191a(a)) is amended by striking and inserting 711 CARDINAL of sections for subpart b of part 7 CARDINAL of b of title i of the employee 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02396 fmt 6652 sfmt 6201 CARDINAL income security act of 1974 DATE is by adding at the end the 726 CARDINAL . fair price negotiation program and application of maximum fair in b of 100 CARDINAL of the internal revenue code 1986 DATE is amended by adding at the end following new section: 9826 DATE . fair price negotiation program and of maximum fair prices. in the case of a group health that is treated under section 1197 of the social act as having in effect an agreement with the under the fair price negotiation program under e of title xi of such act, with respect to a price period (as defined in section 1191(b) of such and a selected drug (as defined in section 1192(c EVENT ) such act) with respect to such period with respect to coverage is provided under such the provisions of such part shall apply, as if coverage of such selected drug is under such plan if the drug is or dispensed at a pharmacy or by a mail 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02397 fmt 6652 CARDINAL sfmt 6201 service, to the plan, and to the individuals under such plan during such period, respect to such selected drug, in the same as such provisions apply to prescription plans and plans, and to enrolled under such prescription drug and plans during such period; if coverage of such selected drug is under such plan if the drug is or administered by a hospital, physician, other provider of services or supplier, to the to the individuals enrolled under such and to hospitals, physicians, and other of services and suppliers during such with respect to such drug in the same as such provisions apply to the to individuals entitled to benefits under a of title xviii or enrolled under part b such title, and to hospitals, physicians, and providers and suppliers participating title xviii during such period; the plan shall apply any cost-sharing under such plan, with respect to such drug, by substituting an amount not more 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02398 fmt 6652 sfmt 6201 the maximum fair price negotiated under such e of title xi for such drug in lieu of the drug upon which the cost-sharing would have applied, and such cost-sharing responsibilities respect to such selected drug may not exceed maximum fair price; and the secretary shall apply the provisions of part e to such plan and such individuals so in such plan. notification regarding nonparticipation fair price negotiation group health shall publicly disclose in a manner and in accordance a process specified by the secretary any election under section 1197 of the social security act by plan to not participate in the fair price negotiation under part e of title xi of such act with respect a selected drug (as defined in section 1192(c EVENT ) of such for which coverage is provided under such plan before beginning of the plan year for which such election was application to retiree and small group health 9831(a)(2 CARDINAL ) of the internal revenue of 1986 DATE is amended by inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02399 fmt 6652 sfmt 6201 DATE than with respect to section group health of sections for subchapter b of 100 CARDINAL of such code is amended by at the end the following new item: 9826 DATE . fair price negotiation program and application of maximum fair fair price negotiation program prices in best price and 1927 DATE the social security act ( 42 u.s.c QUANTITY . is in subsection in subclause (iii), by striking at end in subclause (iv), by striking at end the period and inserting by adding at the end the new subclause: in the case of a rebate and a covered outpatient drug is a selected drug (as defined in 1192(c)) during such rebate shall be inclusive of the price such drug made available from the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02400 fmt 6652 sfmt 6201 during the rebate period reason of application of part e of xi to any wholesaler, retailer, health maintenance nonprofit entity, or entity within united and in subsection ( k)(1)(b ORG ), by adding at end the following new clause: clause (i), in the case of a rebate and a covered outpatient drug that a selected drug (as defined in section during such rebate period, any in price paid during the rebate to the manufacturer for the drug by wholesaler or retail community pharmacy in subparagraph (a) by reason of of part e of title xi shall be in the average manufacturer price the covered outpatient 8902 DATE of title 5 CARDINAL , united code, is amended by adding at the end the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02401 fmt 6652 sfmt 6201 a contract may not be made or a plan approved this chapter with any carrier that has affirmatively pursuant to section 1197 DATE of the social security not to participate in the fair price negotiation established under section 1191 DATE of such act for any drug (as that term is defined in section 1192(c EVENT ) such option of secretary of veterans to purchase covered drugs at maximum 8126 DATE of title 38 CARDINAL , united code, is in subsection (a)(2), by inserting to subsection after not in subsection (d), in the matter paragraph ( 1 CARDINAL ), by inserting subject to after the procurement of and by adding at the end the following new in the case of a covered drug that is a selected for any year DATE during the price applicability period for drug, if the secretary determines that the maximum price of such drug for such year DATE is less than the price such drug otherwise in effect pursuant to this section 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02402 fmt 6652 CARDINAL sfmt 6201 DATE after application of any reduction under (a)(2) and any discount under subsection (c)), at option of the secretary, in lieu of the maximum price after application of the reduction under (a)(2) and any discount under subsection (c), as that would be permitted to be charged during year DATE for such drug pursuant to this section without of this subsection, the maximum price to be charged during such year DATE for such drug to this section shall be such maximum fair price for drug and year. for purposes of this subsection: the term fair means, respect to a selected drug and year during the applicability period for such drug, the fair price (as defined in section 1191(c)(2 LAW ) of social security act) for such drug and year. the term eligible has meaning given such term in section 1192(d)(1 LAW ) the social security act. the term applicability has, respect to a selected drug, the meaning given term in section 1191(b)(2) of such act. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02403 fmt 6652 sfmt 6201 the term means, with to a year DATE , a drug that is a selected drug under 1192(c) of such act for such 139002 DATE . selected drug manufacturer excise tax during noncompliance in e of chapter 32 LAW of the revenue code of 1986 DATE is amended by adding at end the following new section: 4192 DATE . selected drugs during noncompliance in is hereby imposed on the by the manufacturer, producer, or importer of any drug during a day described in subsection (b) a in an amount such that the applicable percentage is to the ratio such tax, divided by the sum of such tax and the price for so sold. noncompliance day DATE is described this subsection with respect to a selected drug if it is day during one of the following periods: the period beginning on the june 16th following the selected drug publication and ending on the first ORDINAL date during which the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02404 fmt 6652 sfmt 6201 of the drug has in place an agreement in subsection (a) of section 1193 of the security act with respect to such drug. the period beginning on the april 1st DATE following the june 16th DATE described in ( 1 CARDINAL ) and ending on the first ORDINAL date during which manufacturer of the drug has agreed to a fair price under such agreement. in the case of a selected drug with respect which the secretary of health and human has specified a renegotiation period under such the period beginning on the first ORDINAL date the last date of such renegotiation period and on the first ORDINAL date during which the of the drug has agreed to a renegotiated fair price under such agreement. with respect to information that is to be submitted to the secretary of health human services under such agreement, the beginning on the date on which such secretary that such information is overdue and ending the date that such information is so submitted. in the case of a selected drug with respect which a payment is due under subsection (c) of section 1193 DATE , the period beginning on the date 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02405 fmt 6652 sfmt 6201 which the secretary of health and human certifies that such payment is overdue and on the date that such payment is made in full. applicable purposes of section, the term in the case of sales of a selected drug the first 90 days DATE described in subsection (b) with to such drug, 65 percent PERCENT , in the case of sales of such drug during 91st day DATE through the 180th day described in (b) with respect to such drug, 75 percent PERCENT , in the case of sales of such drug during 181st day DATE through the 270th ORDINAL day described in (b) with respect to such drug, 85 percent PERCENT , in the case of sales of such drug during subsequent day DATE , 95 percent PERCENT . selected purposes of this in term any selected drug (within the meaning of 1192 CARDINAL of the social security act) which is or produced in the united states GPE or entered the united states GPE for consumption, use, or 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02406 fmt 6652 CARDINAL sfmt 6201 CARDINAL united has the meaning given such term by section coordination with rules for of the united similar to rules of paragraphs ( 2 CARDINAL ) and (4) of section shall apply for purposes of this section. other purposes of this the terms drug publication and fair have the meaning given such terms section 1191 DATE of the social security act. anti-abuse the case of a sale which timed for the purpose of avoiding the tax imposed by section, the secretary may treat such sale as during a day described in subsection no deduction for excise tax 275 CARDINAL of the internal revenue code of 1986 DATE is by adding by section before the period the end of subsection (a)(6). conforming section 4221(a) of the internal revenue of 1986 DATE is amended by inserting section 6416(b)(2 LAW ) of such code is by inserting after 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02407 fmt 6652 sfmt 6201 clerical the heading of subchapter e of chapter 32 LAW the internal revenue code of 1986 DATE is amended by and medical the table of subchapters for chapter 32 LAW of code is amended by striking the item relating subchapter e and inserting the following new e. other medical the table of sections for subchapter e of 32 CARDINAL of such code is amended by adding at end the following new item: 4192 CARDINAL . selected drugs during noncompliance effective amendments made by section shall apply to sales after the date of the of this act. 139003 DATE . fair price negotiation implementation in is hereby established a fair negotiation implementation fund (referred to in section as the the secretary of health and services may obligate and expend amounts in the to carry out this part and parts 2 CARDINAL and 3 (and the made by such parts). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02408 CARDINAL fmt 6652 CARDINAL sfmt 6201 is authorized to be and there is hereby appropriated, out of any in the treasury not otherwise appropriated, to the $ 3,000,000,000 MONEY , to remain available until expended, $ 600,000,000 MONEY shall become available on the of the enactment of this act; $ 600,000,000 MONEY shall become available on 1 CARDINAL , 2023; 1, 2024 DATE ; 1, 2025 DATE ; and 1, 2026 DATE . $ 600,000,000 MONEY shall become available on $ 600,000,000 MONEY shall become available on $ 600,000,000 MONEY shall become available on supplement not amounts pursuant to this section shall be in addition any other amounts otherwise appropriated pursuant to other provision of law. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02409 fmt 6652 sfmt 6201 CARDINAL drug inflation 139101 DATE . medicare ORG part b rebate by in 1834 DATE of the social act ( 42 u.s.c QUANTITY . 1395 DATE m) is amended by adding at the the following new subsection: rebate by manufacturers for single drugs with prices increasing faster secretarial provision of later than 6 months DATE after the of each calendar quarter beginning on or july 1, 2023 DATE , the secretary shall, for each b rebatable drug, report to each of such part b rebatable drug the for such calendar quarter: information on the total number units of the billing and payment code in subparagraph (a)(i) of ( 3 CARDINAL ) with respect to such drug and quarter. information on the amount (if of the excess average sales price described in subparagraph (a)(ii) of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02410 fmt 6652 sfmt 6201 CARDINAL paragraph for such drug and calendar the rebate amount specified such paragraph for such part b drug and calendar quarter. manufacturer each calendar quarter DATE beginning on or after 1, 2023 DATE , the manufacturer of a part b drug shall, for such drug, not later 30 days DATE after the date of receipt from the of the information described in (a) for such calendar quarter, to the secretary a rebate that is equal to amount specified in paragraph ( 3 CARDINAL ) for such for such calendar quarter. part b rebatable drug in this subsection, the b rebatable means a single drug or biological (as defined in (d) of section 1847a(c)(6)), a biosimilar biological product (as defined subparagraph (h) of such section), payable such drug were furnished to an individual under this part) under this part, except 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02411 fmt 6652 CARDINAL sfmt 6201 term shall not include such a drug or the average total allowed under this part as determined by secretary for a year DATE per individual that such a drug or biological, as by the secretary, are less than, to subparagraph (b), $ 100 MONEY ; or that is a vaccine described in or of section dollar amount under subparagraph for 2024 DATE , shall be the dollar specified under such subparagraph 2023 DATE , increased by the percentage in the consumer price index for all consumers ( united states city GPE for the 12-month DATE period ending with of the previous year DATE ; and for a subsequent year DATE , shall be dollar amount specified in this clause clause (i)) for the previous year DATE , by the percentage increase in the price index for all urban 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02412 fmt 6652 CARDINAL sfmt 6201 DATE ( united states city GPE average) for 12-month DATE period ending with june of previous year DATE . dollar amount specified under this that is not a multiple of $ 10 MONEY shall be to the nearest multiple of $ 10 MONEY . rebate in purposes of ( 1 CARDINAL ), the amount specified in this for a part b rebatable drug assigned to billing and payment code for a calendar is, subject to subparagraph (b) and (4), the amount equal to the product the total number of units, as in section 1847a(c)(1)(b LAW ), with to such drug during the calendar and the amount (if any) by the payment amount under (b) or (c) of section as applicable, for such b rebatable drug during the quarter DATE ; exceeds 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02413 fmt 6652 sfmt 6201 the inflation-adjusted amount determined under such part b drug during the calendar excluded purposes of (a)(i), the secretary shall exclude the total number of units with respect to part b rebatable drug and calendar quarter CARDINAL of such part b rebatable drug for which was made under a state plan under xix (or waiver of such plan), as reported states under section 1927(b)(2)(a LAW ) for the recent rebate period. determination of payment payment amount determined under this for a part b rebatable drug for calendar quarter the payment amount for the and payment code for such drug in the amount benchmark quarter DATE (as in subparagraph (d)); increased by the percentage by which the period (as defined in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02414 fmt 6652 CARDINAL sfmt 6201 (f)) for the calendar quarter the benchmark period (as in subparagraph (e)). benchmark term amount means the calendar quarter january 1, 2016 DATE . benchmark period period means the price index for all urban consumers states city average) for july 2015 DATE . rebate period term period means, with respect to a quarter described subparagraph the greater of the benchmark period and the consumer price index for all urban (united states city GPE average) for the month DATE of the calendar quarter that is two quarters DATE prior to such described quarter DATE . special treatment of certain drugs subsequently approved to subparagraph (b), in the case of a b rebatable drug first ORDINAL approved or licensed 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02415 fmt 6652 sfmt 6201 the food and drug administration ORG after 1, 2015 DATE , clause (i) of paragraph ( 3)(c CARDINAL ) be applied as if the term amount were defined under (3)(d) as the third ORDINAL full calendar quarter the day DATE on which the drug was first ORDINAL and clause (ii) of paragraph ( 3)(c CARDINAL ) shall applied as if the term period were defined under paragraph ( 3)(e CARDINAL ) if the reference to under such were a reference to first month the first ORDINAL full calendar quarter after the day which the drug was first ORDINAL timeline for provision of the case of a part b rebatable drug approved or licensed by the food and administration ORG after july 1, 2015 DATE , (1)(b) shall be applied as if the reference 1 CARDINAL , under such paragraph were a to the later of the 6th DATE full calendar after the day DATE on which the drug was marketed or july 1, 2023 DATE . exemption for may reduce or waive the rebate 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02416 fmt 6652 CARDINAL sfmt 6201 DATE under paragraph (1)(b) with respect to part b rebatable drug that is described as in shortage on the shortage list in under section 506e LAW of the federal food, and cosmetic act or in the case of other circumstances, as determined by the selected the case of a b rebatable drug that is a selected drug defined in section 1192(c EVENT )) for a price for calendar quarters during such for which a maximum fair price (as in section 1191(c)(2 LAW )) for such has been determined and is applied part e of title xi, the rebate under paragraph (1)(b) shall be and in the case such drug is (pursuant to such section 1192(c)) no longer be a selected drug, for each year DATE beginning after the price period with respect to such clause (i) of paragraph ( 3)(c CARDINAL ) shall 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02417 DATE fmt 6652 CARDINAL sfmt 6201 applied as if the term amount were defined under (3)(d) as the calendar quarter january 1 of the last year DATE during such price applicability with respect to such selected drug and (ii) of paragraph ( 3)(c CARDINAL ) shall be as if the term period were defined under paragraph as if the reference to such paragraph were a reference to july of the year DATE preceding such last application to beneficiary the case of a part b rebatable drug, if payment amount under this part for a quarter DATE the inflation adjusted payment for such in computing the amount of any applicable under this part to an to whom such drug is furnished, the of such coinsurance shall be based the inflation-adjusted payment amount under paragraph ( 3)(c CARDINAL ) for such part rebatable drug; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02418 fmt 6652 CARDINAL sfmt 6201 the amount of such coinsurance is to 20 percent PERCENT of such inflation-adjusted amount so determined. rebate paid as under paragraph (1)(b) shall be deposited into federal supplementary medical insurance trust established under section 1841 LAW . civil money a of a part b rebatable drug has failed to with the requirements under paragraph (1)(b) such drug for a calendar quarter DATE , the shall be subject to, in accordance with a established by the secretary pursuant to a civil money penalty in an amount equal to least 125 percent PERCENT of the amount specified in ( 3 CARDINAL ) for such drug for such calendar quarter. provisions of section 1128a LAW (other than (a) (with respect to amounts of penalties or assessments) and (b)) shall apply to a money penalty under this paragraph in the manner as such provisions apply to a penalty proceeding under section 1128a(a LAW ). application to multiple source secretary may, pursuant to apply the provisions of this subsection to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02419 fmt 6652 sfmt 6201 source drugs defined section including, for purposes of the rebate amount under paragraph ( 3 CARDINAL ), by manufacturer-specific average for the benchmark period and the rebate amounts payable; of the social security act ( 42 u.s.c QUANTITY . 1395l DATE ) is in subsection in paragraph in subparagraph (g), by inserting subject to subsection after in subparagraph (s), by striking respect and inserting to (dd), with respect by striking and and by inserting before the semicolon the end the following: and (ee) with to a part b rebatable drug (as in paragraph ( 2 CARDINAL ) of section 1834(z)) which the payment amount for a 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02420 fmt 6652 sfmt 6201 CARDINAL of such section for such exceeds the inflation-adjusted payment paragraph (3)(a)(ii)(ii) of such for such quarter DATE , the amounts paid be the difference between (i) the of such section for such drug, (ii) 20 percent PERCENT of the payment amount under paragraph of such section for such and by adding at the end of the flush left following paragraph ( 9 CARDINAL ), the following: purposes of applying paragraph (1)(ee), (i)(9) and (t)(8)(f), and section 1834(z)(5), the shall make such estimates and use such data the secretary determines appropriate, and may do so program instruction or in subsection (i), by adding at the end the new paragraph: in the case of a part b rebatable drug (as in paragraph ( 2 CARDINAL ) of section 1834(z)) for which under this subsection is not packaged into a payment a covered opd service (as defined in subsection (or group of services) furnished on or after july 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02421 fmt 6652 CARDINAL sfmt 6201 2023 DATE , under the system under this subsection, in lieu calculation of coinsurance and the amount of payment applicable under this subsection, the provisions section 1834(z)(5 CARDINAL ), paragraph (1)(ee) of subsection and the flush left matter following paragraph (9) of (a), shall, as determined appropriate by the apply under this subsection in the same manner such provisions of section 1834(z)(5 LAW ) and subsection apply under such section and and in subsection (t)(8), by adding at the end following new subparagraph: part b rebatable the of a part b rebatable drug (as defined in ( 2 CARDINAL ) of section 1834(z)) for which under this part is not packaged into a for a service furnished on or after july 2023 DATE , under the system under this in lieu of calculation of coinsurance and amount of payment otherwise applicable this subsection, the provisions of section paragraph (1)(ee) of subsection and the flush left matter following (9) of subsection (a), shall, as determined by the secretary, apply under this in the same manner as such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02422 fmt 6652 sfmt 6201 CARDINAL of section 1834(z)(5 CARDINAL ) and subsection (a) under such section and conforming to part b asp of the social security act ( 42 u.s.c QUANTITY . is amended by inserting section after excluding parts b drug inflation of the social security act ( 42 CARDINAL is amended by section after coordination with medicaid ORG rebate 1927(b)(3)(d)(i CARDINAL ) the social security act ( 42 u.s.c QUANTITY . is amended by striking to carry section and inserting carry out 1847b DATE or section 139102 DATE . medicare ORG part d rebate by in d of title xviii of the social act is amended by inserting after section ( 42 u.s.c QUANTITY . the following new section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02423 CARDINAL fmt 6652 CARDINAL sfmt 6201 manufacturer rebate for certain with prices increasing faster inflation. secretarial provision of later than 9 months DATE after the end of applicable year (as defined subsection the secretary shall, for each part d drug, report to each manufacturer of such d rebatable drug the following for such year DATE : information on the amount (if any) the excess average manufacturer price described in subsection (b)(1)(b) for dosage form and strength with respect to drug and year. the rebate amount specified under (b) for each dosage form and with respect to such drug and year. manufacturer applicable year DATE , the manufacturer of a part d drug, for each dosage form and strength respect to such drug, not later than 30 days DATE the date of receipt from the secretary of the described in paragraph ( 1 CARDINAL ) for such shall provide to the secretary a rebate that is to the amount specified in subsection (b) for 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02424 fmt 6652 sfmt 6201 dosage form and strength with respect to such for such year DATE . rebate in purposes of this the amount specified in this subsection a dosage form and strength with respect to part d rebatable drug and applicable year DATE is, to subparagraph (b) of this paragraph subparagraphs (b) and (c) of paragraph the amount equal to the product the total number of units that are to calculate the average manufacturer of such dosage form and strength respect to such part d rebatable as reported by the manufacturer of drug under section 1927 LAW for each rebate period under such section, with to such year, under such section which such information is available; the amount (if any) by the annual DATE manufacturer (as determined paragraph paid for such dosage form and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02425 CARDINAL fmt 6652 sfmt 6201 with respect to such part d drug for the year DATE ; exceeds the inflation-adjusted amount determined under ( 3 CARDINAL ) for such dosage form and with respect to such part d drug for the year DATE . excluded purposes of (a)(i), the secretary shall exclude the total number of units for a dosage and strength with respect to a part d drug and the most recent rebate under section 1927 LAW , with respect to an year, for which such information is units of each dosage form and of such part d rebatable drug, for payment was made under a state plan title xix (or waiver of such plan), as by states under section 1927(b)(2)(a LAW ) such rebate period. determination of annual DATE annual DATE manufacturer price under this paragraph for a dosage form strength, with respect to a part d rebatable 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02426 fmt 6652 sfmt 6201 and an applicable year, is the sum of the the average manufacturer price (as in subsection (g)(6)) of such dosage and strength, as calculated for a unit of drug, with respect to each of the calendar of such year DATE ; and the ratio the total number of units of such form and strength reported for the of calculating average price under section 1927 LAW during each calendar quarter of such year DATE ; to the total number of units of such form and strength reported for the of calculating average price under section 1927 LAW during such as determined by the secretary. determination of inflation-adjusted inflation-adjusted payment determined under this paragraph for a form and strength with respect to a part d drug for an applicable year DATE , subject to (a) and (d) of paragraph ( 5 CARDINAL ), 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02427 fmt 6652 CARDINAL sfmt 6201 CARDINAL the benchmark year manufacturer determined under paragraph ( 4 CARDINAL ) for such form and strength with respect to such and year; increased by the percentage by which the year DATE (as defined subsection for the year exceeds the benchmark (as defined in subsection (g)(4)). determination of benchmark year benchmark year price determined under this paragraph for dosage form and strength, with respect to a part rebatable drug and an applicable year, is the sum the products the average manufacturer price (as in subsection (g)(6)) of such dosage and strength, as calculated for a unit of drug, with respect to each of the calendar of the payment amount benchmark (as defined in subsection (g)(3)); and the ratio the total number of units of such form and strength dispensed during such calendar quarter of such amount benchmark year; to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02428 fmt 6652 CARDINAL sfmt 6201 the total number of units of such form and strength dispensed during payment amount benchmark year. special treatment of certain drugs subsequently approved the case of a part d rebatable drug first ORDINAL or licensed by the food and drug ORG after january 1, 2016 DATE , (a) and (b) of paragraph ( 4 CARDINAL ) shall be as if the term amount were defined under subsection as the first calendar year DATE beginning after day on which the drug was first ORDINAL marketed any manufacturer and subparagraph (b) of ( 3 CARDINAL ) shall be applied as if the term period were defined under (g)(4) as if the reference to under such subsection were a reference to of the first year DATE beginning after the on which the drug was first ORDINAL marketed by exemption for may reduce or waive the rebate under (1) with respect to a part d 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02429 fmt 6652 sfmt 6201 drug that is described as currently in on the shortage list in effect under 506e PRODUCT of the federal food, drug, and act or in the case of other exigent as determined by the secretary. treatment of new in the case of a d rebatable drug that is a line of a part d rebatable drug that is an solid dosage form, the secretary shall a formula for determining the specified in this subsection with to such part d rebatable drug and applicable year with consideration of original part d rebatable drug. line extension subparagraph, the term means, with respect to a part d drug, a new formulation of the such as an extended release but does not include an formulation of the drug (as by the secretary), regardless of 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02430 fmt 6652 CARDINAL sfmt 6201 CARDINAL such abuse-deterrent formulation an extended release formulation. selected the case of a d rebatable drug that is a selected drug defined in section 1192(c EVENT )) for a price for plan years during such period which a maximum fair price (as defined section 1191(c)(2)) for such drug has determined and is applied under part of title xi, the rebate under subsection shall be waived; and in the case such drug is (pursuant to such section 1192(c)) no longer be a selected drug, for each year DATE beginning after the price period with respect to such subparagraphs (a) and (b) of (4) shall be applied as if the term amount benchmark were under subsection (g)(3) as the last beginning during such price period with respect to such selected and subparagraph (b) of paragraph 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02431 fmt 6652 CARDINAL sfmt 6201 CARDINAL shall be applied as if the term period were defined under (g)(4) as if the reference to under such subsection were reference to january of the last year during such price applicability with respect to such drug. rebate paid as rebates subsection (b) shall be deposited into the medicare ORG drug account in the federal supplementary insurance trust fund established under section purposes of carrying out section, the secretary shall use information submitted manufacturers under section 1927(b)(3 LAW ) and submitted by states under section 1927(b)(2)(a LAW ). civil money a manufacturer of part d rebatable drug has failed to comply with the under subsection ( a)(1)(b ORG ) with respect to such for an applicable year DATE , the manufacturer shall be to, in accordance with a process established by the pursuant to regulations, a civil money penalty an amount equal to 125 percent PERCENT of the amount specified subsection (b) for such drug for such year DATE . the of section 1128a (other than subsections (a) (with 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02432 DATE fmt 6652 CARDINAL sfmt 6201 to amounts of penalties or additional assessments) (b)) shall apply to a civil money penalty under this in the same manner as such provisions apply a penalty or proceeding under section 1128a(a LAW ). judicial shall be no judicial of the following: the determination of units under this the determination of whether a drug is a d rebatable drug under this section. the calculation of the rebate amount this section. this section: part d rebatable drug in term d means a drug or biological that (without application of this section) be a part d drug, except such term shall, respect to an applicable year, not include a drug or biological if the average annual DATE cost under this part for such year DATE per who uses such a drug or biological, as by the secretary, is less than, to subparagraph (b), $ 100 MONEY , as determined the secretary using the most recent data 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02433 fmt 6652 sfmt 6201 DATE or, if data is not available, as by the secretary. dollar amount under subparagraph for 2024 DATE , shall be the dollar specified under such subparagraph 2023 DATE , increased by the percentage in the consumer price index for all consumers ( united states city GPE for the 12-month DATE period beginning january of 2023 DATE ; and for a subsequent year DATE , shall be dollar amount specified in this for the previous year DATE , increased the percentage increase in the consumer all urban consumers states city average) for the 12- period beginning with january of previous year DATE . dollar amount specified under this that is not a multiple of $ 10 MONEY shall be to the nearest multiple of $ 10 MONEY . unit term means, respect to a part d rebatable drug, the lowest quantity (such as a capsule or tablet, 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02434 fmt 6652 CARDINAL sfmt 6201 of molecules, or grams) of the part d drug, including data reported under 1927 DATE . payment amount benchmark term amount benchmark means year beginning january 1, 2016. benchmark period term period means the consumer index for all urban consumers ( united states GPE average) for january 2016 DATE . applicable year DATE term year DATE means, with respect to an year DATE , the consumer price index for all urban (united states city GPE average) for january such year DATE . average manufacturer manufacturer has the meaning, respect to a part d rebatable drug of a given such term in section 1927(k)(1 LAW ), with to a covered outpatient drug of a for a rebate period under section 1927 DATE . applicable term means a year DATE beginning with conforming 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02435 fmt 6652 sfmt 6201 to part b asp of the social security act ( 42 u.s.c QUANTITY . is further amended by striking 1927 DATE or section and inserting section 1834(z), or section excluding part d drug inflation of the social security act ( 42 DATE as amended by 139101(c)(2 CARDINAL ), is further amended by striking section and section or section coordination with medicaid ORG rebate 1927(b)(3)(d)(i CARDINAL ) the social security act ( 42 u.s.c QUANTITY . as amended by section 139101(c)(3 LAW ), further amended by striking section inserting section 1834(z), or section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02436 fmt 6652 CARDINAL sfmt 6201 d improvements and maximum cap for medicare 139201 PRODUCT . medicare ORG part d benefit redesign. benefit structure of the social security act ( 42 u.s.c QUANTITY . is in paragraph in subparagraph (a), in the matter clause (i), by inserting a year 2024 DATE and for costs above the annual DATE specified in paragraph ( 1 CARDINAL ) and up to annual out-of-pocket threshold specified in (4)(b) for 2024 DATE and each subsequent after in subparagraph in clause (i), in the matter subclause (i), by inserting a preceding after and clause (ii)(iii), by striking each subsequent and inserting and in subparagraph in clause 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02437 fmt 6652 sfmt 6201 in the matter preceding (i), by inserting a year DATE after and subclause (i)(bb), by year DATE after and of years 2018 DATE through and clause (ii)(v), by striking and each subsequent and of years 2019 DATE through in paragraph in the matter preceding clause (i), by a year DATE preceding after and in clause (ii), by striking a and inserting each of years DATE through and in paragraph in subparagraph in clause by redesignating subclauses and (ii) as items (aa) and (bb), and moving the margin 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02438 fmt 6652 sfmt 6201 each such redesignated item 2 CARDINAL ems the right; in the matter preceding item as redesignated by subclause (i), striking equal to the greater and inserting equal for a year preceding 2024 DATE , greater by striking the period at the of item (bb), as redesignated by (i), and inserting by adding at the end the for 2024 DATE and each year DATE , and in clause (ii), by striking and inserting in subparagraph in clause in subclause (v), by striking at the end; in subclause by striking a and inserting 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02439 fmt 6652 CARDINAL sfmt 6201 of years 2021 DATE and by striking the period the end and inserting a and by adding at the end the new subclauses: for 2024 DATE , equal to or for a subsequent year DATE , is to the amount specified in this for the previous year DATE , by the annual DATE percentage described in paragraph ( 6 CARDINAL ) for year DATE and in clause (ii), by striking and inserting in subparagraph (c)(i), by striking for and inserting for a preceding 2024 DATE , for and in subparagraph (e), by striking and inserting each of years through 2023 DATE , in of the social security 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02440 DATE fmt 6652 CARDINAL sfmt 6201 DATE (42 u.s.c. is amended by inserting the following: with respect to a year DATE after 2023 DATE , 20 CARDINAL manufacturer discount in d of title xviii of the security act ( 42 u.s.c QUANTITY . et seq.), amended by section 139102 LAW , is further amended inserting after section the following section: manufacturer discount program. secretary shall a manufacturer discount program (in this section to as the under the program, the shall enter into agreements described in subsection with manufacturers and provide for the performance the duties described in subsection (c). the secretary establish a model agreement for use under the by not later than january 1, 2023 DATE , in consultation manufacturers, and allow for comment on such model terms of in agreement under section shall require the manufacturer to applicable beneficiaries access to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02441 DATE fmt 6652 CARDINAL sfmt 6201 prices for applicable drugs of the that are dispensed on or after 1, 2024 DATE . provision of discounted prices the discounted prices in subparagraph (a) shall be provided the applicable beneficiary at the pharmacy or the mail order service at the point-of-sale of applicable drug. timing of special rule for for an agreement with a to be in effect under this section with to the period beginning on january 2024 DATE , and ending on december 31 DATE , the manufacturer shall enter into agreement not later than 30 days DATE the date of the establishment of a agreement under subsection (a). order for an agreement with a to be in effect under this with respect to plan year 2025 DATE or subsequent plan year, the manufacturer enter into such agreement (or such 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02442 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL shall be renewed under (4)(a)) not later than january 30 of preceding year DATE . provision of appropriate with an agreement in effect under this shall collect and have available appropriate as determined by the secretary, to ensure that can demonstrate to the secretary compliance with requirements under the program. compliance with requirements for of with an agreement in effect under this section comply with requirements imposed by the or a third ORDINAL party with a contract under (d)(3), as applicable, for purposes of the program, including any determination subparagraph (a) of subsection (c)(1) or established under such subsection (c)(1). length of in agreement under section shall be effective for an initial of not less than 12 months DATE and shall be renewed for a period of not less 1 year DATE unless terminated under (b). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02443 fmt 6652 sfmt 6201 by the may provide for termination of an under this section for a knowing willful violation of the requirements of agreement or other good cause shown. termination shall not be effective than 30 days DATE after the date of notice the manufacturer of such termination. secretary shall provide, upon request, manufacturer with a hearing concerning a termination, and such hearing shall place prior to the effective date of the with sufficient time for such date to be repealed if the determines appropriate. by a may terminate an agreement this section for any reason. any termination shall be effective, with to a plan if the termination occurs january 30 of a plan year DATE , as of day after the end of the plan year; 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02444 fmt 6652 CARDINAL sfmt 6201 DATE if the termination occurs on after january 30 of a plan year DATE , as the day DATE after the end of the plan year. effectiveness of termination under this shall not affect discounts for drugs of the manufacturer that due under the agreement before the date of its termination. notice to third ORDINAL shall provide notice of such to a third ORDINAL party with a contract subsection (d)(3) within not less 30 days DATE before the effective date of termination. duties duties described in subsection are the following: administration of the program, the determination of the amount of discounted price of an applicable drug of a establishment of procedures which discounted prices are provided to 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02445 fmt 6652 CARDINAL sfmt 6201 beneficiaries at pharmacies or by order service at the point-of-sale of an drug; the establishment of procedures to that, not later than the applicable of calendar days after the dispensing of an drug by a pharmacy or mail order the pharmacy or mail order service is for an amount equal to the the negotiated price of the drug; and drug; the discounted price of the the establishment of procedures to that the discounted price for an drug under this section is applied before any or financial assistance under other benefit plans or programs that provide or financial assistance for the or provision of prescription drug coverage behalf of applicable beneficiaries as the may specify; and providing a reasonable dispute mechanism to resolve disagreements 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02446 fmt 6652 CARDINAL sfmt 6201 CARDINAL manufacturers, applicable beneficiaries, the third ORDINAL party with a contract under (d)(3). monitoring in secretary shall compliance by a manufacturer with the of an agreement under this section. a third ORDINAL party a contract under subsection (d)(3) that the manufacturer is not in with such agreement, the third ORDINAL party shall the secretary of such noncompliance for enforcement under subsection (e). collection of data from drug plans and may collect appropriate data from drug plans and plans in a timeframe allows for discounted prices to be provided for drugs under this section. in to paragraph ( 2 CARDINAL ), secretary shall provide for the implementation of section, including the performance of the duties in subsection (c). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02447 fmt 6652 sfmt 6201 providing for the of this section, the secretary shall not or distribute any funds of a manufacturer the program. contract with third ORDINAL shall enter into a contract with 1 CARDINAL or more parties to administer the requirements by the secretary in order to carry out this at a minimum, the contract with a third ORDINAL under the preceding sentence shall require the third ORDINAL receive and transmit information the secretary, manufacturers, and other or entities the secretary determines receive, distribute, or facilitate the of funds of manufacturers to individuals or entities in order to the obligations of manufacturers under under this section; provide adequate and timely to manufacturers, consistent with the with the manufacturer under this as necessary for the manufacturer to its obligations under this section; and 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02448 fmt 6652 CARDINAL sfmt 6201 CARDINAL permit manufacturers to conduct audits, directly or through contracts, of data and information used by the third ORDINAL to determine discounts for applicable of the manufacturer under the program. shall establish performance requirements a third ORDINAL party with a contract under paragraph and safeguards to protect the independence and of the activities carried out by the third ORDINAL under the program under this section. secretary may the program under this section by instruction or otherwise. 35 CARDINAL of title 44 DATE , states code, shall not apply to the program this section. manufacturer with an in effect under this section shall be to periodic audit by the secretary. civil money in secretary may a civil money penalty on a manufacturer fails to provide applicable beneficiaries 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02449 fmt 6652 sfmt 6201 for applicable drugs of the manufacturer accordance with such agreement for each failure in an amount the secretary is equal to the sum the amount that the would have paid with respect to such under the agreement, which will be used to pay the discounts which manufacturer had failed to provide; 25 percent PERCENT of such amount. provisions of 1128a DATE (other than subsections (a) and shall apply to a civil money penalty under paragraph in the same manner as such apply to a penalty or proceeding section 1128a(a LAW ). clarification regarding availability of covered part d in this shall prevent an applicable beneficiary from a covered part d drug that is not an applicable (including a generic drug or a drug that is not on formulary of the prescription drug plan or that the applicable beneficiary is enrolled in). this section: 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02450 fmt 6652 sfmt 6201 applicable term means an individual who, on date of dispensing a covered part d is enrolled in a prescription drug plan an plan; is not enrolled in a qualified retiree drug plan; and has incurred costs, as determined in with section for part d drugs in the year DATE that exceed annual deductible with respect to such for such year DATE , as specified in section section or as applicable. applicable term with respect to an applicable means a covered part d approved under a new drug under section 505(c) of the federal drug, and cosmetic act or, in the of a biologic product, licensed under 351 CARDINAL of the public health service and if the pdp sponsor of the drug plan or the ma organization 23, 2021 ORG ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02451 fmt 6652 sfmt 6201 the plan uses a which is on the formulary of the drug plan or plan the applicable beneficiary is enrolled if the pdp sponsor of the drug plan or the ma organization the plan does not use a for which benefits are available the prescription drug plan or plan that the applicable beneficiary is in; or or appeal; and is provided through an does not include a selected drug (as in section 1192(c EVENT )) during a price with respect to such drug. applicable number of calendar term number of calendar with respect to claims for submitted electronically, 14 days DATE ; and with respect to claims for submitted otherwise, 30 days DATE . 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02452 fmt 6652 CARDINAL sfmt 6201 discounted in term means, with respect to an applicable drug a manufacturer dispensed during a year DATE to applicable who has not incurred costs, as accordance with for covered part d in the year DATE that are equal to or the annual DATE out-of-pocket threshold in section the year DATE , 90 percent PERCENT of the negotiated of such drug; and who has incurred such costs, as determined, in the year DATE that are equal or exceed such threshold for the year DATE , percent of the negotiated price of such this shall be construed as affecting the of an applicable beneficiary for of a dispensing fee for an applicable drug. 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02453 fmt 6652 CARDINAL sfmt 6201 CARDINAL case where entire of the negotiated price of an claim for an applicable drug with to an applicable beneficiary does not above the annual deductible specified section for the year DATE , the of the applicable drug shall the discounted price under this on only the portion of the price of the applicable drug that above such annual deductible. claims spanning the case where the amount of the negotiated price of an claim for an applicable drug respect to an applicable beneficiary not fall entirely below or entirely the annual DATE out-of-pocket threshold in section the year DATE , the manufacturer of the drug shall provide the discounted in accordance with (a)(i) on the portion of the 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02454 fmt 6652 CARDINAL sfmt 6201 CARDINAL price of the applicable drug falls below such threshold; and in accordance with (a)(ii) on the portion of such of such drug that falls at or such threshold. term means any entity which is engaged in the preparation, propagation, compounding, or processing of prescription drug either directly or indirectly by extraction from of natural origin, or independently by of chemical synthesis, or by a combination of and chemical synthesis. such term does include a wholesale distributor of drugs or a pharmacy licensed under state law. negotiated term has the meaning given such term in 423.100 CARDINAL of title 42 DATE , code of federal (or any successor regulation), except that, with to an applicable drug, such negotiated price not include any dispensing fee for the drug. qualified retiree prescription drug term retiree prescription drug 23 CARDINAL , 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02455 fmt 6652 CARDINAL sfmt 6201 has the meaning given such term in section sunset of medicare ORG coverage gap of the security act ( 42 u.s.c QUANTITY . is in subsection (a), in the first ORDINAL sentence, striking and to subsection (h), the and by adding at the end the following new sunset of in program shall not with respect to applicable drugs dispensed on after january 1, 2024, and, subject to paragraph agreements under this section shall be as of such date. continued application for drugs dispensed prior to of this section (including all and duties) shall continue to apply after 1, 2024 DATE , with respect to applicable drugs prior to such inclusion of actuarial value of discounts in 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02456 fmt 6652 CARDINAL sfmt 6201 the social security act ( 42 u.s.c QUANTITY . in subsection by striking regarding and inserting the and by adding at the end the for 2024 DATE and each year DATE , the manufacturer provided under section subtracted from the actuarial to produce such bid; and in subsection by striking actuarial valuation the and inserting valuation the in clause (i), as inserted by clause of this subparagraph, by adding the end; and by adding at the end the 23, 2021 ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02457 fmt 6652 CARDINAL sfmt 6201 DATE for 2024 DATE and each subsequent the manufacturer discounts provided section conforming section of the social security act u.s.c. is in subsection (a)(2)(a)(i)(i), by or an increase in the and for a year preceding 2024 DATE , an increase the in subsection in the subparagraph heading, by initial coverage by inserting a year DATE preceding or the annual DATE out-of-pocket threshold in subsection (b)(4)(b) for the for 2024 DATE and each subsequent (b)(3) for the each it appears; and in subsection (d)(1)(a), by striking and inserting for a year 2024 DATE , an section of the social act ( 42 u.s.c QUANTITY . is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02458 fmt 6652 CARDINAL sfmt 6201 by striking and inserting year preceding 2024 DATE , the section of the social security ( 42 u.s.c QUANTITY . is in paragraph in subparagraph (c), by striking and inserting a preceding 2024 DATE , the in subparagraph (d)(iii), by and and in subparagraph (e), by striking and inserting a preceding 2024 DATE , the and in paragraph in subparagraph (c), by striking and inserting a preceding 2024 DATE , the in subparagraph (e), by striking and section of the social act ( 42 u.s.c QUANTITY . is amended 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02459 DATE fmt 6652 CARDINAL sfmt 6201 CARDINAL striking and section of the social act ( 42 u.s.c QUANTITY . is by striking value of any inserting the following: value for years DATE prior to 2024 DATE , any in clause (i), as inserted by (a) of this paragraph, by striking the at the end and inserting and by adding at the end the following new for 2024 DATE and each subsequent any discount provided pursuant to section of the social act ( 42 u.s.c QUANTITY . is by inserting a year before DATE and by inserting such before the section of the social security ( 42 u.s.c QUANTITY . is 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02460 fmt 6652 CARDINAL sfmt 6201 in subsection by striking paragraph ( 1 CARDINAL ) and the following: participate for 2011 DATE through 2023 DATE , the medicare ORG gap discount program under section and for 2024 DATE and each subsequent year, manufacturer discount program under by striking paragraph ( 2 CARDINAL ) and the following: have entered into and have in for 2011 DATE through 2023 DATE , an agreement in subsection (b) of section with the secretary; and for 2024 DATE and each subsequent year, agreement described in subsection (b) of with the secretary; and by striking paragraph ( 3 CARDINAL ) and the following: have entered into and have in effect, under and conditions specified by the for 2011 DATE through 2023 DATE , a contract a third ORDINAL party that the secretary has 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02461 DATE fmt 6652 CARDINAL sfmt 6201 into a contract with under subsection of section and for 2024 DATE and each subsequent year, contract with a third ORDINAL party that the secretary entered into a contract with under (d)(3) of section and by striking subsection (b) and the following: effective (1)(a), (2)(a), ( 3)(a CARDINAL ) of subsection (a) shall apply to covered part drugs dispensed under this part on or after january 2011 DATE , and before january 1, 2024 DATE , and paragraphs ( 2)(b CARDINAL ), and (3)(b) of such subsection shall apply covered part d drugs dispensed under this part on or january 1 DATE , section 1927 DATE of the social security act ( 42 DATE is in subsection (c)(1)(c)(i)(vi), by before the period at the end the under the manufacturer discount under section and in subsection (k)(1)(b)(i)(v), by before the period at the end the under section 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02462 fmt 6652 CARDINAL sfmt 6201 CARDINAL effective amendments made by section shall apply with respect to plan year 2024 DATE and plan years DATE . 139202 DATE . allowing certain enrollees of drug plans and plans medicare ORG program to spread cost-sharing under certain of the social security act ( 42 DATE as amended by section 139201 LAW , further in subparagraph (a), by striking subparagraphs (c) and and inserting to subparagraphs (c), (d), and and by adding at the end the following new secretary establish by regulation a process under with respect to plan year 2024 DATE and plan years DATE , a prescription drug plan or plan shall, in the case of a part d individual enrolled with such plan for plan year who is not a subsidy eligible (as defined in section 23, 2021 LAW ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02463 fmt 6652 sfmt 6201 with respect to whom the plan projects that dispensing of the first ORDINAL fill of a covered part drug to such individual will result in the incurring costs that are equal to or above annual DATE out-of-pocket threshold specified in (4)(b) for such plan year, provide individual with the option to make the payment required under (a) (for the portion of such costs that not above such annual DATE out-of-pocket in the form of periodic installments over remainder of such plan of certain prescription rebate rule 139301 DATE . prohibiting implementation of rule to eliminating the statute safe harbor protection prescription drug rebates. january 1, 2026 DATE , the secretary of health human services shall not implement, administer, or the provisions of the final rule published by the of the inspector general of the department of and human services on november 30, 2020 DATE , and and abuse; removal of safe harbor for rebates involving prescription pharmaceuticals 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02464 fmt 6652 sfmt 6201 creation of new safe harbor protection for certain reductions in price on prescription and certain pharmacy benefit manager ( 85 CARDINAL fed. reg PERSON . 76666). 23, 2021 DATE ( 11:26 nov 24 2008 TIME 11:26 sep 23 DATE , 2021 jkt 000000 CARDINAL po 00000 frm 02465 fmt 6652 sfmt 6201 CARDINAL